Brain injuries are among the most devastating types of personal injuries, often resulting in long-term physical, emotional, and financial consequences. When pursuing a brain injury case, it is crucial to establish and prove the damages suffered to seek appropriate compensation. In this blog post, we will explore the importance of documenting the physical, emotional, and financial impact of brain injuries and provide valuable insights on how to effectively prove damages in brain injury cases.
The Physical Impact of a brain injury
Brain injuries can have a profound physical impact on the victim’s life. Documenting these physical effects is essential for proving damages. Consider the following aspects:
- Medical Records and Diagnosis: Comprehensive medical records, including diagnostic tests, imaging reports, and treatment documentation, establish the presence and severity of the brain injury. Medical opinions and expert testimony can further support the claims.
- Symptoms and Functional Limitations: Documenting the specific symptoms experienced due to the brain injury is crucial. These may include headaches, dizziness, cognitive impairments, memory loss, motor skill deficits, balance issues, and sensory changes. Detailed accounts of how these symptoms affect daily activities and quality of life strengthen the case.
- Rehabilitation and Medical Treatment: Records of medical treatments, therapies, rehabilitation sessions, and associated expenses help establish the ongoing medical needs and demonstrate the costs incurred for the necessary care.
The emotional impact of a brain injury
Brain injuries can have a significant emotional toll on the victim, impacting their mental well-being and overall quality of life. Effective documentation of the emotional impact helps demonstrate the non-economic damages. Consider the following:
- Psychological Evaluations: Seek evaluations from mental health professionals to assess and document emotional distress, depression, anxiety, post-traumatic stress disorder (PTSD), changes in personality, or other psychological effects resulting from the brain injury.
- Changes in Relationships and Social Functioning: Document how the brain injury has affected relationships with family, friends, and loved ones. Note any social limitations, isolation, or difficulties in maintaining previous social activities and engagements.
- Impact on Mental Functioning: Brain injuries can affect cognitive abilities, mood regulation, and emotional well-being. Document any changes in memory, concentration, problem-solving, decision-making, or emotional stability resulting from the injury.
The financial impact of a brain injury
Brain injuries often come with significant financial burdens. Accurately documenting the financial impact is essential for proving economic damages. Consider the following:
- Medical Expenses: Maintain detailed records of medical bills, hospital stays, surgeries, medications, therapies, assistive devices, and any other healthcare-related expenses incurred as a direct result of the brain injury.
- Lost Earnings and Diminished Earning Capacity: Document the extent of lost wages and income due to the brain injury. Include evidence such as pay stubs, employment contracts, and expert assessments to determine the impact on current and future earning capacity.
- Rehabilitation and Support Services: Document costs related to ongoing rehabilitation, therapy, home modifications, in-home care, vocational rehabilitation, and other necessary services required for recovery and maintaining functionality.
Expert Opinions and Testimony
In complex brain injury cases, expert opinions and testimonies play a crucial role in proving damages. Expert witnesses, such as neurologists, neuropsychologists, economists, vocational experts, and life care planners, can provide professional assessments, opinions, and calculations that strengthen the case for damages.
Proving damages in brain injury cases is critical when seeking fair compensation for the physical, emotional, and financial impact suffered. Accurate and thorough documentation of the physical effects, emotional impact, and financial losses associated with the brain injury is essential. Seek medical evaluations, maintain detailed records, gather expert opinions, and consult with an experienced personal injury attorney who can guide you through the process and ensure that your damages are effectively presented to maximize your chances of a fair settlement or trial outcome. Shane Gosdis is committed to helping brain injury victims get the compensation they deserve. To schedule a consultation call (385) 429-9960 or email s@gosdis.lawyer today.
