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A traumatic brain injury (TBI) case is different from a typical personal injury case. It is important to have an experienced lawyer who is familiar with the proof required in a traumatic brain injury case. Often, this proof takes the form of the testimony of friends and family who can explain the difference in the individual following the accident. Testimony from loved ones about the symptoms is the best way to prove a traumatic brain injury in court.

The role of a TBI lawyer is to try and maximize the amount of recovery following a traumatic brain injury. A lawyer and the injured claimant must work cooperatively on a case. A client must cooperate with their lawyer in order to obtain a satisfactory result. Failure to cooperate or listen to the advice of an experienced traumatic brain injury lawyer can have a detrimental impact on the ultimate resolution of a case.

Initial Consultation with a Legal Professional

The initial consultation with someone who may have sustained a traumatic brain injury will be comprehensive. A lawyer will be looking for changes in behavior and personality as well as evidence of the symptoms about which the person complains. Since there are few objective tests that demonstrate a traumatic brain injury, a lawyer will need to prove the existence of the traumatic brain injury through the symptoms.

An injured person should expect a detailed conversation during an initial consultation with a personal injury lawyer when there is a suspected traumatic brain injury. It is always best to assume there is a TBI and document the case accordingly at the outset. Sometimes, it is impossible to prove a traumatic brain injury. However, it is important to work to establish the existence of the traumatic brain injury at the earliest time possible.

It is important for the injured claimant to always listen to their lawyer. When there is a TBI case, insurance companies will sometimes hire private investigators to conduct surveillance on the injured individual. While the case is ongoing, it is important not to engage in any activities which the individual claims they are unable to do. This can have a very negative impact on their case.

The injured claimant should always cooperate with their lawyer. Once a case is over, and a settlement is reached, an individual with a TBI can go on with their life. However, while the case is pending, it is important to follow the instructions of the lawyer.

Qualifying Evidence Used in Traumatic Brain Injury Cases

The difficulty in proving a traumatic brain injury is that they usually do not show up on any kind of tests. X-rays will show broken bones, and an MRI may show injuries, but even if these tests are negative, there can still be a TBI.

The way to prove the existence of a traumatic brain injury is by presenting the symptoms associated with the injury. A TBI lawyer must compare what the individual was like before an accident and contrast it with their current situation. Traumatic brain injury cases are usually proved through the symptoms and not necessarily on any objective test.

Collecting and Presenting Evidence in a TBI Case

Since traumatic brain injuries can be difficult to prove in court, it is important to hire a personal injury lawyer as soon as possible. It is important for the lawyer and client to work together to document the effects of a traumatic brain injury. When there is a suspected traumatic brain injury, a TBI lawyer will begin documenting the symptoms immediately. Some traumatic brain injuries will resolve over time, and some will be permanent, but a competent traumatic brain injury lawyer will be in the best position to document all symptoms that occur following a traumatic brain injury.

The claimant’s attorney may have the client take frequent videos of themselves. A lawyer will also ask a traumatically injured individual to keep a journal and notes as to how the injury affects them on a day-to-day basis. All these things should be documented throughout the course of discovery.

Assessing TBI Damages

Assuming there is liability, a personal injury lawyer must still prove damages. Damages are what result in the ultimate financial settlement in a personal injury case. The better job of documenting injuries, the better the ultimate result of the case will be. It is better to document as many symptoms and injuries as possible so that those damages can be persuasively presented to a jury.

Simply stating that someone was injured following an accident is not going to result in the best recovery. A seasoned TBI lawyer will attempt to obtain the largest recovery possible for them because their attorney fee is based on a percentage of the recovery. An experienced attorney will do everything possible to best document catastrophic injuries following an accident.

A traumatic brain injury will result in financial hardship for the rest of the person’s life. If there is a legal case, it is important to make sure that all future financial obligations will be taken into consideration when resolving the case. Once the case is over, there is no additional recovery.

For this reason, it is important for the lawyer to document any possible damages that may occur in the future. A settlement may also include provisions that the injured individual will receive payments over their lifetime. This is an option which an individual should discuss in-depth with their lawyer prior to settling a traumatic brain injury case.

Let a Traumatic Brain Injury Attorney Help

From the minute a catastrophically injured client contacts a lawyer, the lawyer will start working on their case. A lawyer will ask questions about how the accident happened in order to prove liability. If there is no liability or fault on behalf of the other person, there is no case. A personal injury lawyer will also begin documenting the effects that the negligent conduct had on the injured individual.

In a catastrophic injury case, the effects tend to be extreme and varied. It is important to work with an experienced personal injury lawyer as soon as possible following a catastrophic injury that results in a traumatic brain injury. Call today to learn about the role of an Oak Lawn traumatic brain injury attorney and how they could help your case.