Proving traumatic brain injury in court requires more than just demonstrating an accident occurred. You must show the brain was actually injured, the injury was caused by the accident, and the injury resulted in specific impairments and damages. This requires comprehensive medical evidence and expert testimony.
Elements to Prove
1. Brain Injury Occurred
Medical evidence must establish actual brain injury, not just that a head impact occurred.
2. Causation
The injury must be connected to the defendant's negligence—proving the accident caused the TBI.
3. Nature and Extent
Documentation must show what type of TBI occurred and how severe it is.
4. Resulting Impairments
Evidence must connect the TBI to specific cognitive, physical, and emotional impairments.
5. Damages
Impairments must be translated into economic and non-economic damages.
Key Evidence Types
Medical Records
- Emergency room records documenting initial presentation
- Hospital records including imaging and treatment
- Specialist evaluations (neurologist, neuropsychologist)
- Ongoing treatment records
Diagnostic Imaging
- CT scans – Detect bleeding, fractures, major structural damage
- MRI – More sensitive to smaller lesions and contusions
- Advanced imaging – DTI, fMRI, PET scans for subtle damage
Neuropsychological Testing
Often the most important evidence in mild-moderate TBI cases. Testing documents deficits in memory, attention, processing speed, and executive function that imaging may miss.
Before-and-After Evidence
Academic records, employment history, and testimony from those who knew the victim before and after injury demonstrate changes.
Expert Witnesses
Treating Physicians
Doctors who treated the victim provide factual testimony about diagnosis and treatment.
Neurologist
Explains the mechanism of injury, diagnosis, and prognosis.
Neuropsychologist
Interprets testing results and explains cognitive deficits.
Life Care Planner
Projects future medical and care needs.
Economist
Calculates lost earning capacity and other economic damages.
Defense Challenges
Defense attorneys commonly attack TBI claims by arguing:
- Imaging is normal, so no injury exists
- Symptoms are caused by malingering or exaggeration
- Pre-existing conditions explain the symptoms
- Other life stressors are responsible
Comprehensive documentation and credible experts counter these attacks.
Conclusion
Proving TBI in court requires systematic evidence gathering, appropriate medical evaluation, and skilled expert testimony. An experienced TBI attorney knows what evidence is needed and how to present it effectively to judges and juries.