Concussion Claims: Proving the Cause and Effects of Your TBI

Concussions are common injuries in motor vehicle collisions, falls, and other types of accidents. While concussions are generally classified as a “mild” form of traumatic brain injury (TBI), they can still lead to expensive medical bills and other costs—and they can present risks for long-term complications in some cases. This makes it important for accident victims to assert their legal rights when warranted, and hiring an experienced Bethlehem personal injury lawyer is the first step.

If you have a personal injury claim for an accident that resulted in a concussion, proving the cause and effects of your TBI will be essential for recovering the financial compensation you deserve. While the specific steps involved will depend on the specific circumstances of your accident, your lawyer will be able to use his or her experience to help maximize your chances of recovering just compensation.

Proving the Cause of Your Concussion

Proving the cause of your concussion will involve investigating the accident in which you were injured. Once you hire a Bethlehem personal injury lawyer to represent you, your lawyer will work quickly to determine what evidence is available and preserve this evidence before it disappears. Some examples of the types of evidence that your lawyer may be able to use to prove the cause of your concussion include:

Video Footage of the Accident

If your accident was captured on video, the footage of the accident could serve as key evidence of the cause of your concussion. Traffic camera footage, surveillance camera footage, dash camera footage, and cell phone camera footage can all be used as evidence in Pennsylvania personal injury cases.

Photos or Videos Taken After the Accident

Photos and videos taken at the scene of the accident can also serve as key evidence. If you took any photos or videos with your phone, you should keep these to share with your Bethlehem personal injury lawyer. If any friends or family members took photos or videos at the scene of the accident, you should ask them to keep their photos and videos (or send you copies).

Forensic Evidence

Once you hire a lawyer to represent you, your lawyer will be able to send an investigator to gather forensic evidence at the scene of the accident where you suffered your concussion. With that said, forensic evidence (i.e., tire marks or evidence of hazardous property conditions) can disappear quickly, so it is important to hire a lawyer as soon after your accident as possible.

Documentary Evidence

Documentary evidence in personal injury cases can include everything from a distracted driver’s phone records to a property owner’s maintenance records. If there are records available that prove you are entitled to financial compensation for your concussion, your lawyer can work to obtain these records as part of his or her investigation.

Eyewitness Testimony

Your lawyer can also seek to identify any eye witnesses as part of his or her investigation. In many cases, eyewitness testimony can be valuable for confirming what happened and clearing up any confusion about the conditions at the time of the accident or the sequence of events.

Expert Testimony

If necessary, your lawyer can also engage expert witnesses to prepare reports and provide testimony. Expert testimony can be useful for addressing issues such as explaining the forces at play in a car accident or proving that a property owner or construction company failed to meet the requisite standard of care to ensure employees’ and visitors’ safety.

Accident Reconstruction

Accident reconstruction involves using evidence and data to piece together the events leading to an accident victim’s head trauma. It is most commonly used in motor vehicle accident cases, but it can be used after other types of traumatic incidents as well. If it makes sense to engage an accident reconstructionist in your case, your lawyer will handle this on your behalf as part of the process of proving your claim for damages.

Proving the Effects of Your Concussion

If the evidence shows that you are entitled to financial compensation for your concussion, the next step is to prove how much you deserve to recover. This will involve proving the effects of your TBI. Here, your lawyer may rely on evidence such as:

Your Medical Records

Your medical records will be key evidence for proving the effects of your concussion. This includes not only its short-term effects but also any potential long-term effects.

Your Medical Bills

The effects of your concussion aren’t limited to its effects on your brain. If you have a personal injury claim related to your TBI, you are entitled to compensation for the past, present, and future medical costs associated with your head injury.

Your Employment Records

You are also entitled to just compensation for any loss of income you experience as a result of your concussion. This includes loss of income due to time missed from work during your recovery as well as future loss of income if your TBI impairs your ability to work in the future.

Your Receipts and Account Statements

If you need to pay for pain medications or incur any other out-of-pocket costs related to your concussion, these are costs that you can—and should—include in your personal injury claim as well.

Your Notes

In Pennsylvania, accident victims are entitled to just compensation for their pain, suffering, emotional trauma, and any other non-financial effects of their injuries. Proving these costs will start with taking daily notes.

Expert Testimony

Along with engaging experts to help prove the cause of your concussion, your lawyer can also engage medical and financial experts to help prove its effects as well.

Statements from Friends and Family Members

Statements from friends and family members can also serve as valuable evidence for proving the effects that your concussion has had (and will continue to have) on your day-to-day life.

Schedule a Free Initial Consultation with a Bethlehem Personal Injury Lawyer Today

Do you need to know more about filing a personal injury claim for a concussion in Pennsylvania? If so, we invite you to get in touch. Call 888-777-7098 or contact us online to arrange a free initial consultation with a Bethlehem personal injury lawyer today.