A traumatic brain injury (TBI) can change every aspect of a person’s life. Victims often struggle with memory, mobility, and independence, while families are left with the emotional and financial burden of long-term care.
Unfortunately, proving the existence and impact of a TBI in a personal injury lawsuit can be challenging. Symptoms are not always visible, and insurance companies may argue that the injury is less severe than it truly is. At Law Offices of Michael A. Kahn, we understand how to build strong cases that demonstrate the seriousness of these injuries and secure fair compensation.
What Makes TBIs Difficult to Prove?
Unlike broken bones or visible scars, traumatic brain injuries often have symptoms that are subtle or delayed. A victim may walk away from a car accident appearing unharmed, only to experience headaches, dizziness, or personality changes days later. This delay can make it harder to link the injury directly to the accident.
Additionally, insurance companies frequently challenge TBI claims, arguing that symptoms are exaggerated, caused by pre-existing conditions, or unrelated to the incident. Overcoming these tactics requires detailed medical evidence and expert testimony.
Types of Evidence Used in TBI Cases
When pursuing a personal injury lawsuit involving a traumatic brain injury, several forms of evidence may be used to prove the case:
- Medical imaging: MRIs, CT scans, and other diagnostic tools can show structural damage to the brain.
- Neuropsychological evaluations: These assessments measure memory, attention, and cognitive function.
- Medical records: Documentation from emergency rooms, neurologists, and rehabilitation centers demonstrates ongoing treatment needs.
- Expert testimony: Neurologists, neuropsychologists, and other specialists explain the long-term consequences of the injury.
This combination of evidence helps establish both the existence of the TBI and its impact on the victim’s ability to live and work.
The Role of Witnesses
Beyond medical experts, testimony from family, friends, and coworkers can also play a powerful role. They can describe how the victim’s behavior, memory, or personality has changed since the injury. These firsthand accounts give juries and judges a clearer picture of the TBI’s effect on daily life.
Damages in a TBI Lawsuit
Victims of traumatic brain injuries may be entitled to significant compensation because of the extensive costs associated with these injuries. Potential damages include:
- Medical expenses: Emergency care, hospital stays, rehabilitation, and ongoing therapy.
- Lost income: Both current wages and reduced future earning capacity.
- Pain and suffering: Compensation for emotional distress, anxiety, and reduced quality of life.
- Home modifications and caregiving costs: Many victims require lifelong support.
Because the financial and emotional toll of TBIs is so significant, it is critical to work with an attorney who knows how to present a compelling case.
How Law Offices of Michael A. Kahn Helps TBI Victims
At Law Offices of Michael A. Kahn, we know that proving a traumatic brain injury requires more than just medical records—it requires telling the story of how the injury has changed a person’s life. We collaborate with top medical experts, gather testimony from those who know the victim best, and fight aggressively against insurance company strategies designed to minimize payouts. Our goal is to secure full compensation so that victims and their families have the resources they need for long-term care and recovery.
Protecting Your Future After a TBI
A traumatic brain injury is not just another personal injury—it is often a lifelong challenge. With the right legal representation, victims can ensure their voices are heard and their needs are recognized in court.
If you or a loved one has suffered a traumatic brain injury, call Law Offices of Michael A. Kahn at (310) 209-1600 today. We will evaluate your case, explain your legal options, and fight for the compensation you deserve.
