According to the National Institute of Neurological Disorders and Stroke (NIH), a traumatic brain injury, or a TBI, is a brain injury that occurs suddenly from blunt trauma or force to the head. Traumatic brain injuries can be mild, severe, or fatal, depending on the damage to the brain. TBI victims may suffer extreme symptoms such as seizures, nausea, and slurred speech.
Once a TBI occurs, your symptoms can progress quickly without medical attention. Those who wait to see a doctor may suffer permanent brain damage or death. Doctors and TBI specialists can help patients create a recovery plan after a traumatic brain injury.
The road to recovery may be very difficult. The medical bills may begin to pile up, and you may be sure how to move forward. Traumatic brain injury lawyers in Florida can help you prove the extent of your injuries after a tragic accident to recover fair compensation.
Proving a Traumatic Brain Injury in Court in Florida
Traumatic brain injuries can be devastating and alter your life for the worse permanently. Proving to a judge or jury that you deserve compensation for your injuries can help you regain a sense of normalcy after a life-threatening car wreck, slip and fall accident, or other tragic accident resulting in a traumatic brain injury. Without the help of a personal injury attorney in Florida, you may wonder how to prove a brain injury.
However, by hiring a lawyer, you can increase your chances of successfully proving a brain injury and winning a settlement. Personal injury lawyers are well-equipped to establish how your accident occurred and its effects on you and your family. Whether you experienced some type of brain injury in a car crash, a pedestrian accident, or while on public or private property, TBI lawyers can get the justice you deserve for an accident caused by another’s negligence.
Solid evidence will play an essential role in proving a TBI. Personal injury lawyers may ask you to testify to show the court how the accident happened, how you have suffered since, and how your injury has affected you financially. In addition to your testimony, TBI lawyers can share medical statements, property damage bills, and other ways you’ve experienced mental anguish or pain and suffering since a traumatic brain injury in Florida.
How Doctors and Traumatic Brain Injury Specialists Can Help Prove a Brain Injury
While TBI attorneys are more than capable of proving the severity of your injuries, they will often rely on doctors and medical specialists to help convey to the court how you’ve suffered through their medical training and field expertise. Your lawyer may ask your neurologist to take the stand to testify to share specific information about your TBI, including how it happened, how it was diagnosed, and how it has affected your overall functionality.
According to the Mayo Clinic, neurologists may run numerous tests to assess your TBI, starting with the Glasgow Coma Scale. The Glasgow Coma Scale is a 15-point test that doctors use to examine the severity of brain damage after a TBI. The severity of a TBI can be determined by how you perform in the following three areas:
- Speaking – Are you able to talk normally? Has your talking ability been affected by slurred speech, or are you unable to speak?
- Opening your eyes – Can you open your eyes without assistance or only when asked to do so?
- Moving – Can you move your arms and legs on your own or only in response to stimulation? Are your movements controlled or spastic?
The higher you score on the Glasgow Coma Scale, the less severe your injuries are. By providing the court with this information, neurologists can prove that you have a brain injury and the painful ways it has affected you since your accident.
Additional Ways Medical Professionals Can Prove a TBI Happened
In addition to the Glasgow Coma Scale, neurologists will use other tests to help diagnose a traumatic brain injury. The tests used to detect TBIs can also prove to the court that you’ve suffered a traumatic brain injury based on your results and your doctor’s diagnosis. The following tests can help diagnose a traumatic brain injury, including:
- Computerized tomography scans, or CT scans, take a picture of your brain through X-ray technology. CT scans can provide a deeper understanding of brain damage and show bleeding, bruised brain tissue, or any other type of brain damage.
- Magnetic resonance imaging, or MRI, create detailed images through magnets and radio waves. MRIs are more powerful than CT scans and help doctors detect further brain damage.
- Intracranial pressure monitoring (ICP) inserts a probe into the brain to detect brain swelling, a common symptom of TBIs.
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How TBIs Are Rated
Once a neurologist has determined that you have a TBI, they will rate the severity of your traumatic brain injury from mild to severe. Doctors will base the severity of your brain injury diagnosis on the following factors including:
- Mild – Mild TBIs cause temporary brain damage and are usually very treatable. If you have a mild TBI, you were likely never unconscious; if you were, it was for a very short time. Mild TBIs may cause temporary memory loss that usually lasts less than 24 hours after the accident.
- Moderate – Moderate TBIs cause more brain damage than the previous stage. If you have a moderate TBI, you were likely unconscious for over 30 minutes up to 24 hours. You may experience temporary memory loss lasting from one to seven days.
- Severe – Severe TBIs cause the most brain damage that can be permanent or fatal. If you have a severe TBI, you were likely unconscious for more than 24 hours, and your memory loss has lasted longer than the typical seven days.
Why Personal Injury Lawyers Ask Medical Experts to Testify
Insurance companies may try to reject your TBI claim by proving that you do not have a traumatic brain injury. The defendant’s insurance company may also ask medical experts to testify in hopes of revealing you are not as injured as you appear. By asking your neurologist or other medical experts to testify, we can prove your injuries and dispute false claims that you do not have a traumatic brain injury after your accident.
Medical experts are also more knowledgeable about the human body and how severe head trauma affects it. TBI attorneys in Florida can prove you have a claim for compensation after a traumatic brain injury by sharing your medical information with the court.
Traumatic Brain Injury Lawyers Can Help You
Traumatic brain injuries can cause severe damage that will affect the rest of your life. You may be unable to work or take care of yourself without assistance. If you endured a TBI because of someone else’s negligent behavior, you could file a claim or a lawsuit by speaking to a traumatic brain injury attorney in Florida.
Our top-rated personal injury lawyers can prove you have a TBI and the many ways it has affected your life since. We will fight to get justice for your family.
Don’t wait to contact a lawyer after a tragic accident. Florida brain injury lawyers are here to help you after an accident caused by no fault of your own.