Proving a Traumatic Brain Injury in a Personal Injury Lawsuit
Traumatic brain injuries (TBIs) are among the most complex and challenging injuries in personal injury law. Unlike a broken bone or a laceration, brain injuries are often outwardly invisible, developing slowly or manifesting in subtle but devastating ways. For accident victims in California, proving a TBI in a personal injury lawsuit requires more than describing symptoms; it involves detailed medical evidence, expert testimony, and careful documentation of how the injury has altered the victim’s life.
Below, our California personal injury trial attorneys discuss critical issues involved in providing a traumatic brain injury. If you or a loved one has been hurt by the negligence of another, call Kalfayan Merjanian, LLP, to find out how we can help you get justice and compensation for the harm inflicted on you.
Why Proving a TBI Can Be Difficult
One of the main challenges in traumatic brain injury cases is that many TBIs do not show up on standard diagnostic tests. A concussion or mild TBI, for instance, may not appear on a CT scan or MRI, even though the victim experiences dizziness, headaches, memory problems, or mood changes. Insurance companies often seize on this gap in objective imaging to argue that the victim is exaggerating or that their symptoms stem from something other than the accident.
Because of this, proving a TBI usually requires combining multiple forms of evidence to establish that the injury exists, that it was caused by the accident, and that it has lasting consequences.
The Role of Medical Records
Medical records are the foundation of any TBI case. From the first emergency room visit to ongoing neurological evaluations, each note and diagnostic entry helps establish the timeline of symptoms and treatment. Doctors’ observations about confusion, disorientation, or loss of consciousness at the scene of an accident can carry significant weight in court. Follow-up visits with neurologists, neuropsychologists, or rehabilitation specialists also help to confirm that the symptoms are consistent with a brain injury.
Importantly, gaps in treatment or delays in seeking medical care can weaken a case, as insurers may argue the injury was not serious or was unrelated to the accident. This is why accident victims are advised to seek medical attention immediately, even if they don’t yet fully appreciate the nature of their symptoms.
Imaging and Diagnostic Tools
While TBIs may not always show up on traditional imaging, advanced scans such as diffusion tensor imaging (DTI) or functional MRI can reveal microstructural brain damage that standard tests miss. These advanced tools, though not always widely available, can provide powerful evidence in litigation.
In addition to imaging, neurocognitive testing is often used to assess the impact of a TBI. These tests evaluate memory, attention span, problem-solving skills, and processing speed—functions that are often impaired after a brain injury. A well-documented decline from the victim’s baseline abilities can serve as strong evidence.
Expert Testimony
Expert witnesses often play a central role in TBI cases. Neurologists, neuropsychologists, and rehabilitation specialists can testify about the extent of the injury and its impact on daily life. They may explain to the jury why an injury is real even if standard imaging looks “normal,” helping to counter common defense arguments.
Vocational experts may also be brought in to explain how the injury affects the victim’s ability to work, while life care planners can outline the long-term costs of treatment, therapy, and accommodations. In California personal injury cases, expert testimony often makes the difference between a claim that gets dismissed and one that results in full and fair compensation.
Linking the Injury to the Accident
Another critical element is causation, i.e., proving that the TBI was caused by the accident in question and not by another factor. Defense attorneys may point to prior head injuries, pre-existing conditions, or unrelated medical issues as alternative explanations for the symptoms. Overcoming these arguments requires detailed medical history reviews and, in some cases, testimony from treating physicians who can draw a direct connection between the accident and the TBI.
Demonstrating the Impact on Daily Life
Finally, a successful TBI case must show how the injury has changed the victim’s life. Testimony from family members, friends, and coworkers can be invaluable in painting a clear picture for the jury. They may describe changes in personality, memory problems, or the victim’s struggles with basic tasks. This type of evidence helps humanize the case and demonstrates the full scope of damages, both economic and non-economic, that the victim has suffered.
Compensation in California TBI Cases
If proven, a traumatic brain injury can lead to substantial compensation in a California personal injury lawsuit. Victims may recover economic damages, such as medical bills, lost income, and the cost of long-term care, as well as non-economic damages for pain, suffering, and diminished quality of life. In severe cases, where a TBI results in permanent disability, compensation must account for lifelong support and medical needs.
Contact Kalfayan Merjanian, LLP
Proving a traumatic brain injury in a personal injury lawsuit is a complex undertaking that requires medical expertise, legal strategy, and a strong commitment to telling the victim’s story. In cases where juries may not fully understand the invisible but life-changing nature of TBIs, success depends on building a compelling case grounded in evidence and expert testimony.
If you or a loved one has suffered a brain injury in an accident caused by another party’s negligence, consulting an experienced California personal injury attorney is the first step toward protecting your rights and securing the compensation you need for recovery. Contact the California trial attorneys at Kalfayan Merjanian, LLP, today for a free consultation.
