The brain is your body’s most complex and intricate organ, and when it is traumatized, the effect can be very serious. From mild changes in cognition and emotion to serious disability, a traumatic brain injury (TBI), is one of the most difficult injury types to live with, both for the victim and for the victim’s family.
When a traumatic brain injury is the result of the negligence of another party, the victim may file a personal injury lawsuit for damages. While most personal injury cases settle out of court, with the parties reaching a settlement during negotiations, in some cases, resolution cannot be reached. When this is the case, the suit may go to court, where it is litigated before a judge, or a judge and a jury.
Litigating a TBI case may be important for ensuring that a victim walks away with the compensation that they deserve, but these types of cases are often very complex, and should not be pursued without the assistance of a competent attorney experienced in traumatic brain injury litigation.
TBI: An “Invisible” Injury
Traumatic brain injuries are often referred to as “invisible” injuries because they are not always obvious to the naked eye, as are other injury types (i.e. injuries that result in paralysis, amputation, disfigurement, etc.). Because the effects of a TBI may be impossible to detect without an intimate knowledge of the patient and the patient’s personality, health, and ability and cognition levels prior to the injury, harm and damages can be difficult to prove. It is important to recognize the complexities of TBI cases in pursuing a claim.
To prove damages from this invisible injury type, it will be absolutely essential to present myriad and detailed sources of medical evidence. Thankfully for those seeking damages, advances in technology can objectify a brain injury, with scanning technology providing insight on everything from microhemorrhages to white matter and more.
Proving the Extent of Your Injury
Brain scans that show the damage that a brain has suffered as a result of an accident are not the only important component of a successful brain injury lawsuit; testimony from friends and families, the opinions of medical experts, and documents of school records, employment records, military records, and health records are all important for documenting pre and post-accident functioning abilities. Once the extent of the traumatic brain injury, including all the limitations placed on the plaintiff as a result of the TBI, has been established, damages such as medical expenses, lost wages, loss of enjoyment of life, and psychological harm must also be proven.
Holding a Defendant Liable
Another element of a brain injury claim is holding the defendant liable for the harm that the plaintiff has suffered. This requires proving that the defendant owed the plaintiff a duty of care, that this duty of care was breached, and that the breach of the duty of care was the direct cause of the plaintiff’s injuries.
Working with an Experienced Connecticut TBI Attorney When Litigating a Case
The litigation process for all types of personal injury cases can be complicated, but for a TBI injury, there may be additional hurdles and complexities. As you move through the various phases of litigation, including gathering evidence, interviewing witnesses, filing motions with the court, the discovery process, mediation, and trial, having an experienced TBI attorney on your side will provide comfort and reinforcement. Your attorney will be responsible for hiring all experts, securing medical records, interviewing witnesses, preparing you for testimony before the court, and more.
Contact Our Connecticut Traumatic Brain Injury Attorneys Today
At The APEX Law Firm, LLC, we know that a traumatic brain injury can change your life, and may be serious enough to forever impair your abilities to do things that are both enjoyable – like attending social outings – and necessary – like working and earning an income. When you hire our experienced Connecticut traumatic brain injury attorneys, we will work hard to settle your case out of court while also maximizing your compensation award. However, if settlement cannot be reached, we will not hesitate to file a lawsuit, and aggressively litigate on your behalf. We have years’ worth of experience in and out of the courtroom, and are confident in our ability to effectively represent you.
Contact our experienced Connecticut injury attorneys today for your free consultation. We can be reached in Hartford County at (860) 900-0900.