Brain injuries can have significant and long-lasting effects on a person’s physical, cognitive, and emotional well-being. In addition to the physical and emotional toll, brain injury victims often face complex legal issues that can add further stress to their already difficult situation.
According to the Centers for Disease Control and Prevention, TBI injuries make up one of every 50 ED visits. So, if you or someone you know fell victim to a traumatic brain injury, it’s crucial to understand the legal challenges that brain injury victims may face and how to overcome them. This blog post will reveal everything about the most commonly faced challenges of brain injury victims and their solutions.
Most Common Brain Injuries Legal Challenges and Their Solution
Filing a brain injury claim isn’t easy, and you need the help of professional brain injury attorneys to get fair compensation. It is important to choose knowledgeable and experienced attorneys who can build a strong case for you and help you recover your loss. Let’s see the different challenges you may face due to a brain injury:
1. TBIs are Hard to See
One of the biggest challenges of a Traumatic Brain Injury (TBI) is that it’s often hard to see. A broken bone or a cut easily shows up, but a TBI? A TBI does not show up on an X-ray or other imaging test. This can make it difficult for insurance companies to understand the extent of your injury and take it seriously. Additionally, they may try to deny or argue that the brain injury is the result of some other accident or a pre-existing condition.
Solution
You can overcome this legal challenge by working with a lawyer who has experience with brain injury cases. A skilled attorney gathers medical evidence that shows the severity of your injury, including any cognitive deficits, emotional changes, or other symptoms. They may also work with neurologists or neuropsychologists, who can provide testimony about the nature and severity of your injury.
2. Victims Fail to Establish Liability
To get the desired compensation, you must prove that the other party is liable. This means explaining the accident to the insurance company or the attorney, along with evidence. However, in the case of a brain injury, you may not remember the details of the accident or what happened at the accident spot. This makes it difficult for you to establish liability, affecting your overall compensation procedure.
Solution
To overcome this challenge, you should collect as much evidence as possible about the circumstances that led to your injury. This includes eyewitness testimony, surveillance footage, medical records, and other documentation. Once you’ve got your hands on all the relevant information, contact a brain injury attorney to file the claim. Your attorney helps you build a strong case by working with experts who can reconstruct the events that led to your injury.
3. Brain Injuries Symptoms Don’t Show Immediately
Another challenge of a TBI is that sometimes the symptoms of a brain injury don’t show up immediately. It may take days, weeks, or even months for symptoms to become apparent. Additionally, the symptoms of a brain injury include fatigue and headache, which are common to other diagnoses, giving insurance companies or liable parties a chance to deny the cause of the accident. All this makes it difficult to link your injury to a specific event and establish causation.
Solution
You can solve this issue by seeking medical attention as soon as possible after your injury. Even if you do not see any symptoms immediately, you should consider a check-up to get an insight into the severity of your injury. A doctor may detect signs of a TBI that you aren’t aware of and can provide documentation that links your injury to a specific event. In addition, you should keep track of any symptoms that develop over time and report them to your doctor and attorney to strengthen your case.
Conclusion
Brain injuries are stressful, and you may face legal challenges if there is no indication that you have suffered a TBI. It is important to work with an experienced attorney who can help you overcome the legal challenges you may face. By gathering evidence, establishing liability, and documenting your symptoms, you can build a strong case that will help you obtain the compensation you deserve.