Proving Damages in a Brain Injury Lawsuit: The Importance of Expert Testimony
Suffering a traumatic brain injury can have devastating effects on a person’s life. In addition to long-term medical expenses, brain injuries often result in a permanent loss of income and enjoyment of life. When someone else is legally responsible for causing your brain injury, you may have a right to pursue compensation through a personal injury lawsuit. However, proving your damages can be challenging without the right legal strategy and expert witnesses.
Document the Extent of Your Injuries
The key to proving damages in a brain injury case is having thorough medical documentation. Your medical records should contain detailed information about your diagnosis, symptoms, treatment plan, and prognosis. MRIs, CT scans, and other diagnostic tests will show the physical damage to your brain.
Your doctors and therapists should also document any cognitive, behavioral, or emotional issues you experience as a result of your injury. This includes problems with memory, concentration, processing speed, speech, vision, balance, coordination, and more. Detailed medical records will help demonstrate how the injury has affected your ability to function in day-to-day life.
Retain Reputable Expert Witnesses
While your medical records provide important documentation, expert witness testimony is often necessary to prove the full extent of your damages. Experts have specialized knowledge that allows them to analyze the facts of your case and explain complex medical concepts to the judge and jury.
Some of the key experts to retain in a brain injury case include:
- Neuropsychologist: Assesses cognitive deficits and explains how they impact professional, academic, and personal life.
- Neurologist: Diagnoses specific neurological problems and interprets diagnostic tests.
- Life Care Planner: Projects future medical costs and services needed.
- Economist: Calculates lost income and earning capacity.
- Rehabilitation Specialist: Evaluates disability and challenges with independent living.
It’s critical to choose respected experts from reputable institutions, as their credentials will impact how much weight the jury gives their testimony.
Use Demonstrative Exhibits
Visual aids and demonstrative exhibits can help simplify complex medical evidence for the judge and jury. For example, economic experts can use charts and graphs to illustrate lost income over time. Medical illustrations, models, or animations of the brain can show the physical trauma. Your attorney may also use day-in-the-life videos depicting how your brain injury has affected your routine activities and relationships.
Address Common Insurance Arguments
Insurance companies commonly try to dispute the severity of brain injury claims. They may argue cognitive symptoms are exaggerated or preexisting. Expect your experts to undergo intense cross-examination. Skilled personal injury attorneys will know how to rehabilitate experts on redirect examination. Preparing detailed expert witness reports is also key to withstanding scrutiny.
Don’t Underestimate a Brain Injury’s Impact
A traumatic brain injury can rob you of your independence, identity, and dreams for the future. While money cannot undo the damage, a favorable verdict or settlement helps provide for your medical care and financial needs. Protect your rights by consulting an experienced personal injury law firm today. With the right legal team and experts, you can prove the full value of your brain injury claim.
Contact Our Brain Injury Lawyers Today
If you or a loved one suffered a traumatic brain injury in an accident caused by someone else, we can help. Our dedicated personal injury attorneys have a proven track record with brain injury claims. Visit our offices at:
- Orlando – 315 Park Lake Cir., Orlando, FL 32803
- Tampa – 11700 N. 58th St., Ste. A, Temple Terrace, FL 33617
- Kissimmee – 1052 E. Osceola Parkway, Kissimmee, FL 34744
- Poinciana – 4663 Old Pleasant Hill Road, Poinciana, FL 34759
- Davenport – 40230 US Highway 27, Suite 140, Davenport, FL 33837
- Bradenton – 409 6th Avenue East, Bradenton, FL 34208
Or call now for a free consultation on (888) 522-0222.
