Some injuries are obvious to anyone who sees them. Cuts and bruises, for example, are easily seen. Even broken bones often require casts or other supportive materials, so when someone has a fractured arm or ankle, everyone will notice right away that they’ve been hurt.
However, some of the most serious injuries people suffer are basically invisible. One of the most catastrophic injuries falling into this category is a brain injury. Though these injuries can affect a person’s life in profound ways, they’re not something an injured person can easily point to as evidence of the pain and suffering they’re experiencing.
When you’re trying to prove the severity of an injury for a personal injury claim, evidence is essential. So, how do attorneys prove that their clients have a traumatic brain injury (TBI)?
Let’s look at just a few of the most common strategies personal injury attorneys use to prove brain injuries.
Proving a Brain Injury Through Imaging
MRIs, CT scans, and X-rays can provide evidence and information about certain aspects of brain injuries. For example, if a brain injury includes swelling, fractures, bleeding, and, in some cases, soft tissue damage, imaging can show it.
Imaging is especially useful when identifying brain injury-related conditions in the 48 hours following the injury. Medical professionals can often identify potential complications and find concrete evidence that demonstrates the extent of a brain injury. Imaging results can also be a strong predictor of potential long-term neurocognitive and psychiatric outcomes.
However, imaging procedures can also be limited in identifying and proving brain injuries. MRIs and CT scans often miss important indicators of brain injuries, such as nerve fiber trauma, microscopic brain damage, concussions, and soft tissue damage.
Because physicians often rely on radiologists to interpret imaging results, it’s also possible that these professionals might miss important signs of damage. If a facility is using older equipment that provides lower-quality images, those limitations can also affect a diagnosis.
So, imaging can help prove a brain injury, but it has many shortcomings. To prove a brain injury, attorneys must often look for evidence beyond imaging.
Proving a Brain Injury Through a Doctor’s Diagnosis
Many physicians understand the limitations of imaging, and they might choose to diagnose a brain injury when they observe several cognitive, physical, and behavioral symptoms. Examples of those symptoms include:
- Blurred vision
- Dilated pupils
- Nausea
- Dizziness
- Fainting
- Loss of coordination or balance
- Numbness in a patient’s extremities
- Amnesia
- Confusion
- Memory loss
- Difficulties with speech
- Dramatic changes in personality or mood
Physicians can often detect these symptoms through basic tests. Experienced doctors will understand that imaging alone isn’t enough to properly diagnose a brain injury. If your doctor didn’t conduct these tests to determine whether you have a brain injury, it’s important to seek a second opinion.
Proving a Brain Injury Through Conversations With Loved Ones
One of the most powerful and accurate ways an attorney can establish a client’s brain injury is through discussions with the people close to their client. That’s because no one knows their client as well as friends and family members.
Those close to the injured person will know if they’ve experienced cognitive decline, personality changes, mood swings, memory loss, and several other symptoms of a TBI. In many cases, the accounts of loved ones can offer far more substantial proof of a person’s brain injury than imaging or even a doctor’s diagnosis.
Experienced personal injury lawyers understand how important it is to get to know their client and the client’s loved ones, so they can better understand the damages a client has suffered and articulate the extent of their injuries when building a personal injury case.
At Jason Stone Injury Lawyers, We Know How to Prove Brain Injuries
The Boston brain injury attorneys at Jason Stone Injury Lawyers have years of experience representing people who have suffered serious brain injuries. We know how challenging life can be for our clients and their families, which is why we devote so much of our firm’s resources to proving their injuries and fighting for maximum compensation.
If you or a loved one believe you’ve suffered a brain injury due to someone else’s negligence, know that experienced, compassionate help is available. Contact Jason Stone Injury Lawyers today for a free consultation.
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