When a brain injury results in ongoing challenges, demonstrating the long-term effects in brain injury cases becomes essential. Sullivan & Sullivan understands that proving such claims requires strategy, empathy, and thorough evidence.
Proving a Brain Injury and Its Cause
Proving a brain injury exists and linking it directly to the defendant’s negligence is the first step. Hospital admission notes, ER charts, and ambulance reports create a timeline that connects the incident to the brain injury.
Advanced scans (MRIs, CT scans, or more specialized tools like Diffusion Tensor Imaging (DTI)) help reveal damage that may not appear in traditional tests and may persist over time.
Cognitive assessments measuring memory, focus, and processing speed are also key to documenting functional deficits that last beyond the initial trauma. Together, these pieces of evidence establish that the brain injury occurred and that it is directly tied to the defendant’s actions.
Using Expert Testimony
Medical and vocational experts translate technical evidence into clear explanations that courts can understand. Neurologists and neuropsychologists connect the injury to ongoing cognitive or emotional symptoms.
This testimony is critical for bridging the gap between medical science and the realities of a victim’s life. Not every brain injury is visible at first glance, and defense teams often exploit that fact.
Rehabilitation professionals discuss care needs, therapy requirements, and restrictions on independence. Vocational specialists outline how career prospects and earning potential are permanently affected.
Defense Attacks on Credibility
Many injuries don’t immediately appear on scans, and issues can surface weeks later. Attorneys use symptom logs, medical follow-ups, and expert evaluations to connect late-appearing problems back to the original trauma.
Opposing attorneys may point to pre-existing conditions, old medical history, or even social media posts to question whether the injury is real or related. An experienced legal team anticipates these tactics and builds a strong record showing the injury stems from the accident.
TBI Long-Term Consequences
Traumatic brain injuries (TBIs) can cause symptoms that last months, years, or even a lifetime. Attorneys collect extensive evidence to capture these impacts.
- Notes from rehabilitation specialists, therapists, and psychiatrists show how much continued care is needed.
- Forecasts from medical professionals highlight future costs and anticipated challenges.
- Personal journals, caregiver notes, and symptom logs show how headaches, memory lapses, mood changes, or sensory issues interfere with daily life.
- Family, friends, and co-workers can describe changes in behavior, relationships, and work performance.
- Vocational experts evaluate how limitations reduce a person’s ability to earn income.
- Tax records, pay stubs, and employer statements provide concrete evidence of lost wages.
Calculating Damages in Brain Injury Cases
A comprehensive claim demonstrates financial and personal losses, known as economic and non-economic damages.
Economic Damages
- Past and future medical expenses
- Costs of rehabilitation and assistive devices
- Lost wages and reduced future earnings
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Impact on family relationships
Both categories are critical to making sure victims are compensated for the full range of their losses. However, attorneys must clearly show how the accident led to the lasting impairments. This often involves:
- Medical experts who explain how trauma causes lasting brain damage
- Scientific studies and imaging that demonstrate structural changes over time
- A clear narrative that ties the incident to ongoing symptoms and limitations
At Sullivan & Sullivan, we bring together legal knowledge and compassion to advocate for clients with brain injuries, even if they seem mild at first. Our personal injury lawyers anticipate and counter defense tactics aimed at undermining credibility or minimizing compensation, while focusing on proving the long-term effects in brain injury cases. Contact us today for a free consultation.
