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4 Steps To Prove Traumatic Brain Injury From Car Accidents

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One major and frequently permanently debilitating effect of auto accidents is traumatic brain injury (TBI). Vehicle collisions can result in varying degrees of brain damage due to the abrupt impact that can jostle the brain inside the skull. TBIs can vary widely, from minor concussions to serious, incapacitating wounds requiring substantial medical care. 

TBI can have serious financial consequences, ranging from immediate medical treatment and hospital stays to ongoing rehabilitation therapies and long-term care costs. Fortunately, if you incur a brain injury from a car accident due to someone’s wrongful actions, you may claim compensation for the damages. However, you must justify that the crash caused your injury to receive compensation. 

Continue reading to learn more about traumatic brain injuries resulting from car accidents and the process of seeking compensation for such injuries.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) can occur when the head or body experiences a violent or extreme impact. A TBI can result from the following:

  • bump, blow, or jolt to the head or body, and
  • an object that pierces the brain tissues. 

The following symptoms indicate TBI:

PhysicalCognitive or behavioralSensory
headache,seizures,blurred or double vision,dilation of pupils,clear fluids from the nose or ears,nausea and vomiting,slurred speech,weak arms, legs, or face; orloss of balance.loss of consciousness,confusion and disorientation,memory or concentration problems,mood change or swings,depression,difficulty sleeping, orsleeping more than usual.blurred vision, ringing in the ears, an unpleasant aftertaste in the mouth,alterations in the ability to smell, orsensitivity to light or sound.

A mild traumatic brain injury can momentarily alter your brain cells. However, a more acute traumatic brain injury can cause bruising, torn tissues, bleeding, and other physical brain damage that may lead to long-term disability or death. If you experience one or more of the following symptoms, seek medical attention immediately to avoid complications.

Can I Get a Traumatic Brain Injury from a Car Accident?

Yes, one of the leading causes of TBI is auto collisions. A car collision causes the brain to hit the internal bone structure of the skull, disrupting the brain structures and ripping nerve tissues. 

These injuries can impair the brain’s communication and chemical processes that can result in temporary or permanent brain damage, coma, or even death. Pedestrians, motor vehicles, and bicyclists are more likely to have TBI from car accidents.

Proving Liability in a Car Accident Resulting in TBI

Determining liability in a car accident is essential when filing a personal injury claim. If another driver’s negligence caused the accident, they are responsible for the damages from the collision.

To be able to justify another driver’s negligent actions, you will need to prove these four elements:

  • The driver was responsible for acting carefully to ensure the safety of others.
  • The driver breached this duty.
  • The breach caused the accident.
  • You incur property damage and bodily injuries from the car accident.

The only possible way to establish the other driver’s negligence is by obtaining solid evidence showcasing their fault in the crash. This is why you must gather evidence at the accident scene (if possible), such as:

  • The other driver’s contact information,
    • Including their name,
    • home address, 
    • driver’s license number, and
    • insurance provider.
  • Photos of the accident scene, including:
    • the surrounding area of the accident,
    • the damages from the crash, and
    • other physical evidence, such as skid marks and vehicle debris on the road. 
  • Contact details and statements of witnesses.

Can I Receive Compensation for my TBI from a Car Accident?

You might collect compensation for your TBI from a car accident if the crash was due to another driver’s negligence. However, you must present evidence stating that the car accident caused the TBI. 

What Other Damages Can I Include in My Settlement?

When receiving a settlement, you may consider the following to maximize your payout:

  • past, present, and future medical bills,
  • vehicle repair or replacement costs,’
  • lost wages,
  • future loss of income,
  • out-of-pocket expenses,
  • pain and suffering, and 
  • loss of life enjoyment.

Computing the total damages from an accident may be complicated. You will need the help of a personal injury lawyer who can quantify non-economic damages, such as pain and suffering. 

In addition, they can determine if you are qualified to receive punitive damage. This type of damage is an additional cost imposed by the court if the driver’s action is seen to be extreme or intentional.

4 Steps to Prove Traumatic Brain Injury From Car Accidents

A car accident claim may not be possible if you don’t have enough evidence to support your case. This is why gathering evidence is essential when proving your brain injury from the car accident. You may do this may following the steps below:

Seek Medical Attention

Similar to any other personal injury claim, your health comes first. Seek medical attention immediately to avoid complications and worsening injuries. 

As you seek medical attention, the doctor’s diagnosis and treatments will help you justify the cause of your brain injury. To be able to detect TBI from a car accident, you will need to undergo the following medical tests and examinations:

  • Neurological exams, which include tests for:
    • brain functions, 
    • movement, 
    • sensory function, 
    • coordination, 
    • eye movement, and 
    • reflexes.
  • CT scans, and
  • MRI scans.

Check for Other Injuries

You will likely suffer from other injuries if the car accident causes a severe or extreme impact on your body. It is best to have a copy of your entire medical record related to the car accident to determine if you have other injuries from the crash.

A medical record includes the following details, which will help you establish the cause, severity, and expected expenses of the treatments:

  • Medical history, 
  • Physical examinations, 
  • Plan of care, 
  • Doctor’s orders, 
  • Documentation of each patient-care interaction, 
  • The doctor’s progress notes, 
  • Test results, 
  • Photographs, videos, and graphic records, 
  • Patient education records, and
  • Any other interactions related to your state.

Ask for a Copy of the Police Report

If you incur damages, such as brain injuries from a car accident, your crash should be reported immediately to the police. In most cases, the authorities will conduct an initial accident report indicating the following details of the impact:

  • Details of the drivers involved, including:
    • Names,
    • Home addresses, and
    • Insurance provider information.
  • Contact details and testimonies of witnesses.
  • A diagram of the car accident showcases the following:
    • Location of the crash,
    • Path of vehicles,
    • Point of collision, and
    • Damage to the car of the victims involved.
  • Time, date, and location of the accident.
  • Weather and road conditions during the crash.
  • Police conclusions about the crash include:
    • the violations of the driver,
    • and the cause of the collision.

When requesting a copy of the police report, you may submit a filled-out request form to the corresponding police department. Depending on the accident’s damages, a small fee will be charged for the request. 

You will also need the following details to obtain a police report:

  • first and last names of an involved party in the accident,
  • location, date, and time of the incident, and
  • incident or case number. 

Having a copy of the police report will help you prove the details of the accident, including how the crash happened and what caused it.

Contact a Personal Injury Lawyer

After seeking medical attention for your brain injuries from a car accident, you can contact a personal injury lawyer to help you sort out your case. In most cases, treating physical injuries from complicated car accidents requires extensive time, energy, and finances to support your health needs.

For instance, a drunk driver hits you in Bakersfield. Due to the severity of the impact, you incurred TBI. How, then, will you be able to handle your case and gather evidence when you have an extensive recovery to deal with?

In such a case, Bakersfield personal injury lawyers can help you focus on your health while they work on winning your case to receive compensation for the damage expenses of the crash.

Who Can Help Me Maximize My TBI Car Accident Settlement?

A personal injury lawyer will help you maximize your TBI car accident settlement. While some victims may think hiring an attorney will only add to their expenses, a legal expert can determine all the possible damages to include in their payout. In this way, you will receive a settlement amount higher than expected if you work on your case alone. 

A skilled personal injury attorney plays a crucial role in helping you navigate the complexities of a car accident case and secure the compensation you deserve. They gather all the necessary evidence and establish liability to support your claim. The lawyer also serves as your advocate in communication with the insurance company, ensuring that your rights are protected and that you receive fair compensation. If negotiations with the insurance company fail to yield a satisfactory settlement, the lawyer is prepared to take your case to trial and fight for your rights in court.

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