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Documenting Your TBI For Court

It’s never pleasant dealing with the after-effects of an accident. That stress is magnified when you’re dealing with a traumatic brain injury, or TBI. While dealing with your own or a loved one’s TBI, preparing for a court case is probably the last thing on your mind, and it’s certainly an additional stressor in an already difficult and emotional time. It’s understandable that you’ll want to focus on recovery, but building your case early is crucial if you hope to recover damages after a TBI.

A TBI is classified a few different ways. The severity of the injury, whether it’s widespread or localized, and whether or not the injury is closed or penetrating all impact how the injury is categorized. It’s a sad fact that, the more serious a head injury is, the higher the medical costs will be. This also means there’s a higher chance of litigation, as the negligent party or paying insurance company will want to limit the amount they’ll have to pay.

This makes documenting the diagnosis and treatment of yours or your loved one’s TBI that much more important. The financial stakes are high during an already emotional time, so it’s vital that you get the right documentation quickly:

  • Get immediate medical attention after the accident. If your loved one is unresponsive, disoriented, having trouble speaking, or nauseous or vomiting, call an ambulance right away. Calling emergency services could help save a life, and prevent further injury.
  • Ask for copies of medical reports from the hospital. Keep copies of all your medical bills. These will all help prove the severity of the TBI.
  • Get pictures of the accident scene and any injuries. Make sure there are witnesses who can corroborate your version of events. Again, the higher the medical bills, the more likely it is that the negligent party will try to limit what they have to pay you. The more you can do to prove that the accident occurred as you say it did, the more likely it is you’ll win your case and get the financial repayment you’re entitled to.
  • Keep records and receipts for any rehabilitation services you or your loved one needs. This goes beyond the initial medical examination and proves that the accident caused traumatic and lasting damage. Keep the receipts for any speech therapists, physical therapists, and rehabilitation clinics you visit, as these will all help demonstrate the severity of your accident.

Even though it’s a trying time, being able to document your medical visits immediately after an accident can go a long way in helping you win your personal injury case. TBI cases can be particularly heartbreaking, but being able to prove how serious yours or your loved one’s injuries are can help secure the financial restitution you’re owed. A personal injury lawyer can do their part to help you collect, organize, and distribute the right records to prove your case. They can also help manage the legal stress of your case so you can focus on the most important issue: recovery.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Documenting Your TBI For Court

Goldman Babboni Fernandez
Murphy & Walsh

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