What Evidence Do You Need to Prove a Brain Injury Claim?

A traumatic brain injury (TBI) can have lasting effects on a person’s health, employment, finances, and quality of life. Because brain injuries are not always immediately visible, proving that an accident caused a brain injury may require several types of evidence. If you or a loved one has suffered a brain injury because of an accident, understanding what evidence may support a claim is an important first step. A brain injury attorney can also help identify the evidence needed to build a personal injury claim.

Medical Records and Diagnostic Evidence

Relevant medical records are often some of the most important evidence in a brain injury claim. These records can document the injury, symptoms, diagnosis, treatment, and expected recovery. Importantly, not every brain injury will appear on a CT scan or MRI. Symptoms such as memory problems, difficulty concentrating, headaches, dizziness, and behavioral changes can still be associated with a traumatic brain injury even when standard imaging is normal.

Medical evidence may include:

• Emergency room and hospital records
• CT scans and MRI results
• Neurological examinations
• Neuropsychological testing
• Physical, occupational, or speech therapy records
• Prescription and treatment records
• Follow-up appointments and specialist evaluations

Evidence Connecting the Injury to the Accident

A brain injury claim generally requires evidence showing a connection between the accident and the injury. Establishing a clear timeline can be especially important when brain injury symptoms develop hours or days after an accident.

Depending on the circumstances, this may include:

• Police or accident reports
• Photographs or videos of the accident
• Statements from witnesses
• Accident reconstruction evidence
• Medical records documenting when symptoms began
• Statements from people who observed changes in the injured person

Documentation of Symptoms and Life Changes

Brain injuries can affect a person’s ability to work, communicate, remember information, and perform everyday activities. Evidence documenting these changes may include statements from family members, friends, coworkers, and caregivers. Keeping a record of symptoms that have developed after the brain injury has occurred can also be helpful. Documenting headaches, memory problems, fatigue, difficulty concentrating, changes in behavior, and other symptoms can help demonstrate how the injury has affected daily life.

Employment and Financial Evidence

A serious brain injury may prevent someone from returning to work or may reduce their ability to earn income. Employment and financial records can help document these losses.

Potential evidence includes:

• Pay stubs and tax records
• Employment records
• Missed-work documentation
• Reduced hours or modified duties
• Medical bills and treatment expenses
• Rehabilitation costs
• Evidence of future medical or care needs

Evidence of Negligence

In many brain injury cases, proving the injury itself is only part of the claim. Evidence may also be needed to establish that another person or entity was legally responsible for causing the accident.

Depending on the situation, this could include:

• Traffic records
• Witness statements
• Surveillance footage
• Vehicle records
• Property maintenance records
• Accident reconstruction evidence

For example: a brain injury resulting from a car accident may involve evidence concerning distracted driving, speeding, or another driver’s failure to follow traffic laws.

Contact A Brain Injury Attorney From Williams DeLoatche, P.C. After a Brain Injury

If you believe you have suffered a brain injury after an accident, seek medical attention as soon as possible and follow your healthcare provider’s recommendations. Keep copies of medical records, bills, accident reports, photographs, and other potentially relevant evidence.
Speaking with a brain injury attorney in Norfolk from Williams DeLoatche, P.C. can help you understand your legal options and determine what evidence may be important to your claim. An attorney can review the circumstances of the accident, identify potentially responsible parties, and help evaluate the damages associated with the injury.

Frequently Asked Questions About A Traumatic Brain Injury

Can you have a brain injury if an MRI or CT scan is normal?
Yes. Some traumatic brain injuries, including certain concussions and mild TBIs, may not appear on routine imaging. Other medical evidence and testing may still help establish the presence and effects of an injury.

Can family members provide evidence in a brain injury claim?
Yes. Family members may be able to describe changes in memory, personality, communication, behavior, and daily functioning following an accident.

What evidence is most important in a brain injury case?
Medical records, diagnostic testing, evidence connecting the injury to the accident, witness statements, and documentation of the injury’s impact on work and daily life can all be important. The evidence required will depend on the specific circumstances of the claim.

What if brain injury symptoms appear later?
Delayed symptoms should be evaluated by a medical professional. Documenting when symptoms first appeared and how they progressed can be important when establishing a connection between an accident and a brain injury.