The brain is a delicate organ, and any injury to it can have both physical and emotional effects. Unfortunately, a judge and jury are going to be wary of any injury they cannot see. If your head injury has caused you to have behavioral or mental difficulties, you have the added burden of proving that your suffering is real.
How Can I Prove That the Accident Caused My Brain Injury?
You may think that providing your medical records as evidence would be sufficient enough to win your case. However, many diagnostic tests used to detect and grade brain injuries may be inconclusive. Similarly, any paperwork that shows you were unable to go to your job due to a head injury will prove that you were out of work, but not that it was your injury that kept you out. Lastly, the most common symptom among injury victims—pain—is a subjective term and hard to show to a judge without a broken bone or similar root cause to identify with.
What you must remember is that no two brain injuries are the same. This is both good news and bad news for your case, as the opposing attorney may attempt to show that you are not as badly injured as you claim. The opposing attorney may ask questions intended to downplay your injury, such as asking whether you lost consciousness or if your head made contact with another object. He may also point to a lack of objective evidence, such as test results, that “confirm” the minor nature of your injury.
On the other hand, your own attorney will have to convince the jury that brain injuries go well beyond symptoms experienced by other victims. One way your attorney may help your case is to use an expert medical witness to provide testimony that supports your case based on other injuries he has witnessed. The medical witness may be able to explain that many drivers have sustained traumatic brain injuries in car accidents even though their heads did not strike an object—merely from the forward and backward motion of the brain within the skull.
For more help on winning your brain injury case, click the link on this page to contact our offices today or download our FREE e-book, Brain Injury Survivor's Guide.