What evidence do I need for my brain injury case?

Evidence of the Accident and TBI

First and foremost is proving that the accident occurred and that it was responsible for your TBI. Whether you were in a vehicle crash, injured due to a work mishap, or suffered a slip and fall, these are the most common forms of evidence to look for:

Eyewitnesses

Photographs of the scene where the injury occurred

Police reports

Video evidence if the accident was filmed

Directly showing the extent of your brain injury is also crucial to a successful case. Brain injuries often aren’t physically obvious, which is why you need to see a doctor after any blow to the head. In particular, these are the types of medical documentation that best help in a TBI case:

Diagnosis from an emergency room doctor or neurologist

Medical documentation of the injury such as an MRI or CT scan

Cognitive evaluation from a neuropsychologist

Evidence of Future Expenses Due to a Traumatic Brain Injury

Expenses for a TBI don’t stop just at the initial emergency room visit or hospital stay, however. You may require ongoing and expensive medical treatment, from additional surgeries to long-term therapy and even assisted living costs.

Additionally, severe TBI patients often lose the ability to earn income as they can’t work due to cognitive and language difficulties caused by brain injury. You may be able to recover damages for continuing expenses and loss of wages. That's why you need to keep track of:

Pay stubs, bank statements, and tax returns
Treatment notes from any physical, occupational, or speech therapy
Expert witness testimony

That last type of evidence is typically handled by your attorney, who may consult with economic, medical, or vocational experts to provide context to your situation. You need a personal injury lawyer who understands how TBI cases work and knows the ins and outs of both state and federal law to put this evidence together into a compelling argument.

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Have You Or A Loved One Suffered A Traumatic Brain Injury In Virginia?

If you believe you or a loved one suffered a TBI, an experienced traumatic brain injury lawyer can help you focus on recovery instead of fighting a complex battle against an insurance company and the people who caused the injury.

The passion of The Mottley Law Firm is protecting the legal rights of clients who have suffered life-disrupting brain injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office at (804) 409-0876 to schedule your free consultation.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.

A Unique Focus On Traumatic Brain Injuries

My focus on representing TBI survivors is also unique. Most personal injury lawyers cast a very large net. They pursue, and will gladly accept, any case (large or small) that falls under the general “personal injury” heading. You can spot these practices by looking at their websites and clicking on the “practice areas” drop-down list. What you will see are many practice areas, only one of which will be “traumatic brain injury.” Think of these firms as the Wal-Mart Supercenters of the personal injury lawyer world. Wal-Mart has at least one of everything. The same can be said of most personal injury firms. They handle everything.

Nothing is wrong with such retail personal injury practices. My point is not to criticize that “generalist” approach to personal injury law. My point is simply to illustrate that my practice is different, just like a small nursery selling 20 different types of specialty garden hoses is different than a Wal-Mart selling one type of garden hose. Just like the nursery, I focus on one type of personal injury case – the traumatic brain injury case – and one type of client – the traumatic brain injury survivor.

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Brain Case: The Big 5 Questions To Answer Before FIling Your Brain Injury Case

Before calling a lawyer, request a free copy of Kevin Mottley's book "BRAIN CASE The BIG 5 Questions to Answer Before Filing your Brain Injury Case"

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