How Memory Loss Affects a Traumatic Brain Injury Case

When memories don't ever return, you could find yourself unable to recall what you were doing before the injury, exactly how you were hurt, and so on. Obviously, you won't be able to describe what occurred to law enforcement arriving at the scene, or to a jury down the line when filing a personal injury lawsuit.

While that does present challenges to recovering damages if your injury was caused by negligence, you aren't completely out of options. That's why it is absolutely critical to contact an attorney sooner than later. When you can't remember the event, an attorney can investigate the accident to determine who is liable for your damages and prepare a legal case on your behalf.

An attorney's job is to nail down the circumstances of exactly what occurred to explain to a jury or insurance adjuster, utilizing methods such as:

  • Accident reconstruction
  • Expert testimony
  • Medical records covering your injury
  • Police report from the accident
  • Video and photographic evidence
  • Witness testimony from bystanders who saw the accident occur

When you can't remember the events, it is doubly important to document every aspect of your injury and establish a strong paper trail to back up your claim. With that evidence you have a better chance of recovering compensation for lost income, medical bills, and potential future costs like physical or occupational therapy.

Traumatic brain injury victims often have to deal with massive changes to their lives, and the inability to recall the accident may only be the start of memory issues. Additional short-term memory loss after the accident can significantly interfere with your recovery. Cognitive and memory problems caused by a TBI may make it difficult to maintain a job, or cause problems with meeting legal deadlines and keeping up with your doctor's orders.

To handle these difficulties, you should hire an attorney and build a reliable support system of friends and family to assist in maintaining paperwork, ensuring you make your medical appointments, and so on.


Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims