What Evidence Is Needed to Prove Negligence for a Brain Injury

doctor reviewing scans

You are a careful and conscientious driver. When you get on the road, you put the safety of yourself, your passengers, and other drivers first. Unfortunately, the same cannot be said for everyone on the road. Some people believe traffic rules don’t apply to them. Others think they can talk on the phone, send text messages, and engage in other distracting behaviors while driving without consequence.

If you were in an accident caused by the negligence, carelessness, or recklessness of the other driver, then you have grounds to file suit against them or their insurance company.

Your first move should be to contact a personal injury lawyer. Before you make any official claims, you will need a legal strategy. Your lawyer will be eager to hear your side of the story. They will ask you to recount the circumstances that led to the accident and everything that happened afterward.

Injuries from a car accident can turn your entire world upside down. The consequences of the accident may not appear until weeks, months, or even years after the event. Aside from a few bruises, you may feel fine after an accident. However, even if you are fully conscious and able to walk and function without help, you should undergo a thorough medical examination.

The physician may have found nothing in the original examination. But if months or years later you feel unwell, you should go in for another examination. The symptoms of some brain injuries do not appear until well after the accident has occurred. If a subsequent medical examination makes clear that you suffer from a serious and debilitating condition, you should immediately engage the services of a brain injury attorney.

You will need a personal injury lawyer who specializes in the field of delayed traumatic brain injury because of the unique legal requirements and conditions of the case. If your case has passed the normal statute of limitations, your lawyer will need to demonstrate before a judge the reasons why you could not have known about the injury you sustained until years after the accident.

Here are some of the other actions that your brain injury attorney will take to win the case:

Gather the Facts

Your lawyer will round up police reports, photographs, and insurance documents that detail the events of the accident. They will also retrieve your original medical evaluation after the accident. This will be necessary to establish the fact of the accident and the non-detection of the brain injury at the time.

Introduce Expert Witnesses

The lawyer assigned to the case will also introduce a range of medical experts who can testify as to why the trauma of the car accident is the only thing that could have caused your brain injury. These experts will also explain why it took so long for the symptoms to show up.

How the Law Applies

In the end, your lawyer will need to prove that the accident owed to the negligence of the other driver, that it caused you brain injury, and that the symptoms of that injury did not show up until long after the event. An experienced brain injury attorney will have the skill and experience to make this kind of argument.

Living with a brain injury is not only painful and distressing; it is also expensive. You should not have to shoulder the burden alone. The Scarlett Law Group can help you get the compensation you deserve.


Contact our firm at (415) 688-2176 to discuss your case.

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