Important Elements to Prove in a Brain Injury Claim

If you sustained a traumatic brain injury (TBI) because someone failed to act with reasonable care, you may have grounds for legal action. Just because you’re entitled to file a claim, however, doesn’t mean your case will automatically yield a payout.

In order to recover funds for medical expenses, lost wages, and other associated costs, you must first gather sufficient evidence of the following:

1. Liability 

Most successful personal injury claims are founded on negligence, which is characterized by a breach of the duty of care. Other grounds for action include intentional wrongdoing and strict liability.

Regardless of the circumstances surrounding the accident in which you were hurt, you’ll have to find a way to prove how the opposing party was wholly responsible for your TBI. In other words, how did they deviate from the way in which any other reasonable party would have acted in the same scenario?

While the strongest evidence of fault will depend on the situation, it will likely include some combination of the following:

• The incident report;
• The official police report;
• Photographs of the scene;
• Statements from eyewitnesses;
• Surveillance camera footage;
• Toxicology reports; and
• Cell phone records.

2. Causation 

Proving causation is a critical component of every winning brain injury claim. After demonstrating how the opposing party failed to act with reasonable care—or intentionally set out to hurt you—you must prove how the incident was directly responsible for your TBI. This generally calls for testimony from accident reconstruction experts and medical specialists, who can speak on how your condition is consistent with the circumstances in which you were hurt. 

3. Damages

The third element of every successful brain injury claim is damages. In New York, recoverable damages encompass both monetary and non-monetary losses, including:

• Hospital bills;
• Anticipated medical expenses;
• Ongoing rehabilitation;
• Lost income and benefits;
• Loss of future earnings;
• Property repairs;
• Replacement services;
• Home care;
• Child care;
• Domestic help;
• Alternative transportation;
• Home and vehicle modifications;
• Mental anguish;
• Loss of enjoyment in life;
• Pain and suffering; and
• Physical impairment and disfigurement.

Your legal team will likely use some combination of the following to prove the extent of the damages you’ve incurred as a result of your brain injury:

• Hospital logs;
• Medical records;
• Diagnostic images;
• Photographs of any visible wounds;
• Statements from relevant experts;
• Invoices for replacement services;
• Quotes for repairing any damaged property;
• Tax returns and paystubs tracking your missed wages;
• Detailed journal entries recording the ways in which your TBI is hurting your quality of life; and
• Testimony from friends, loved ones, and colleagues discussing the ways in which your TBI has affected your mood, behavior, and demeanor. 

Call 516-280-4716 to Speak with a Brain Injury Attorney in Long Island

If you or someone you love is living with a TBI because someone failed to act with reasonable care, contact PascaleLaw. Our resourceful team will conduct a thorough investigation into the circumstances surrounding the accident to gather the evidence needed to prove liability and damages against all responsible parties. Call 516-280-4716 or fill out our Contact Form to schedule a free case evaluation with a brain injury lawyer in Long Island.