How to Effectively Document Brain Injury for Legal Proceedings

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is an injury caused to the brain when the head is violently jolted, suffers an extreme blow (such as being struck by a person or the head slamming into something during a fall or car accident), or something piercing the brain, such as a bullet or piece of shattered skull.

There are several categories of TBIs, one of which is a concussion. TBIs can be minor, causing few or mild symptoms for a short period of time, or they can range into more severe categories that can be life-altering or even deadly.

What Evidence Do I Need to Document My Brain Injury for Legal Claims?

Brain injuries can sometimes appear to have no symptoms because the victim appears unharmed on the outside. But that doesn’t mean the TBI hasn’t had a significant effect on the victim’s life and health. Being able to prove the injury, its extent, and its effects is vital to succeeding in legal proceedings. The burden of proof is on the victim, so ensuring that all relevant evidence is uncovered and presented is critical.

Each case is unique, which is one reason it’s crucial to work with an experienced personal injury attorney who can advise you on what’s needed in your specific case. Here are some common forms of evidence.

• Medical records. This can include emergency room records, follow-up doctor visits, hospital stays, rehabilitation and therapy appointments, MRI or CT scan results, and records from neurologists or neuropsychologists.
• Photos and videos. Photos of the scene where the injury occurred, as well as photos or videos that might have captured the accident as it happened (such as from nearby security cameras).
• Eyewitnesses. If there were eyewitnesses to the accident, their testimony could be valuable.
• Expert witnesses. Your attorney can help you locate these if needed. Typically, you might need medical experts who can testify as to the severity of the injury and its impact on the victim’s life.
• Financial records and receipts. This can include receipts and bills for out-of-pocket medical expenses (hospital stay, ambulance ride, physician visits, follow-up care, rehabilitation and therapy, mental health visits, travel costs to make those visits when the victim is unable to drive, etc.).

What Is California’s Comparative Negligence Law, and How Can it Affect My Brain Injury Case?

People often think there’s one clear person at fault in personal injury cases. However, that’s often not the case. It’s common to have multiple people have some of the fault. For example, a driver who’s speeding hits a driver who’s running a red light. Another example is a building owner who didn’t take steps to clear snow and ice from the sidewalk in front of their building, and someone under the influence of alcohol slips and falls.

In those cases, the court studies the evidence and assigns percentages of fault in what’s known as comparative negligence. In the U.S., each state has its own laws, using one of the following models.

• Contributory negligence. If the injured person is found even 1% at fault for the accident, they can’t apply for damages.
• Modified comparative negligence. If the injured person is about half at fault (the actual percentage varies by state) for the accident, they can’t apply for damages.
• Pure comparative negligence. If the injured person is even 99% at fault, they’re still eligible to receive 1% of any awarded damages. For example, if they’re found 50% at fault for the accident and are awarded $20,000, they’d receive only $10,000 instead, which is $20,000 less 50%.

California follows the pure comparative negligence model. That can be good news in that they can still receive damages unless the injured person is found 100% liable. However, that also means others involved in the accident will be motivated to shift as much blame onto the injured person as possible in order to avoid paying out. That’s another reason it’s crucial to work with an experienced personal injury attorney.

What Is the Statute of Limitations for Filing For Damages Accidents Resulting in Brain Injuries?

California law states that the majority of personal injury cases, which include accidents that cause TBIs, must be filed within two years of the date of the accident. If claims haven’t been filed in that time, there’s a strong likelihood that later claims will be dismissed.

There are a few exceptions to this. One possible exception involves not discovering there was a TBI until later. It’s also possible that the person or entity responsible for the accident isn’t immediately identified. If the person is known but leaves the state, that can stop the clock on the statute of limitations.
If you’re unsure of the timing of your claim, contact an experienced personal injury attorney.

What Should I Do if I Suffered a Traumatic Brain Injury in an Accident?

Call the V&A Law Firm as soon as possible at 818-369-3270 to schedule a free 15-minute case evaluation. We understand how traumatic and even life-changing suffering a TBI can be. We can examine the specifics of your case to determine what evidence is needed and how to collect it. Our team of experienced, knowledgeable personal injury attorneys knows what tactics the plaintiffs and their team will likely use and can develop approaches to counter them and help you get the best possible outcomes.