Getting the compensation you deserve for a traumatic brain injury isn’t easy, that much is for sure.
Traumatic brain injury cases are some of the most complex and high-stakes legal battles you will ever face.
After all, these lawsuits involve serious injuries that can affect:
- Your ability to work
- Cognitive functioning
- Your quality of life
The problem is…
Winning a brain injury case isn’t just about proving you got hurt. To win damages, you have to build an airtight case that can prove negligence, demonstrate the extent of your damages, and show a long-term impact.
The average TBI settlement is $540,000, but without a solid game plan, you might not get a penny.
The good news is…
Over 90% of personal injury cases that go to trial end in victory for the person who brought the suit. This means that if you have the right information on your side and understand the factors that will determine success, the odds become overwhelmingly in your favor.
In this guide, I’ll lay out exactly what factors separate winning brain injury lawsuits from losing ones.
Let’s get to it.
Post Contents
What you’ll discover:
- Why Documentation Makes or Breaks Your Case
- The Truth About Medical Evidence
- How to Prove Long-Term Impact
- Building Your Expert Witness Team
- 4 Critical Mistakes That Kill Cases
Why Documentation Makes or Breaks Your Case
I was chatting with another lawyer recently, and he wanted to know about the biggest factor in winning brain injury lawsuits.
My answer: Documentation.
Brain injuries are invisible. They’re not like broken bones on X-rays or deep cuts that are visible to the naked eye. Traumatic brain injuries require documentation. A lot of it.
This is what separates winning cases from losing ones…
Documentation starts immediately after the injury. Traumatic brain injury cases can bring settlement amounts from $100,000 all the way up to $5 million depending on the circumstances, but you have to prove you are right in order to win.
Winning cases have:
- Photos from the accident scene
- Police reports with witness statements
- Complete medical records from day one
- Employment records and work history
- Personal journals of day-to-day struggle
Here’s something most people don’t realize…
Insurance companies will look for ANY reason to deny your claim. They’ll argue you had symptoms before the accident or that you are exaggerating.
Without proper documentation, you are fighting an uphill battle. With meticulous records in place? You have a winning foundation.
The Truth About Medical Evidence
The single most important factor in proving a traumatic brain injury case?
Medical evidence.
That’s the good news. The bad news? Not all medical evidence is created equal. In fact, this is one of the most common reasons brain injury lawsuits fail.
Why? Because some TBIs just don’t show up on traditional MRIs or CT scans, at least not right away. This is where most cases fall apart.
Smart brain injury lawyers know this secret…
You need to work with the right medical experts who specialize in TBI diagnosis and treatment. A traumatic brain injury lawyer in Arkansas will connect you with neurologists, neuropsychologists, and rehab specialists who know exactly what they are looking for when it comes to brain trauma.
Strong medical evidence includes:
- Neuropsychological testing
- Advanced brain imaging (DTI, SPECT, etc)
- Before-and-after cognitive tests
- Expert physician testimony
- Treatment records showing long-term care
Keep this in mind…
Even “mild” traumatic brain injuries can have long-term and catastrophic effects on the claimant. Don’t let defense lawyers minimize your injury just because the initial scans look normal. Post-concussion syndrome and other complications can come on weeks or months after the incident.
How to Prove Long-Term Impact
Did you know this…
The biggest payouts in TBI cases aren’t just for medical bills. They’re for proving the impact the injury has on the rest of your life.
The truth is, severe TBIs can affect:
- Your ability to earn an income
- Relationships with family and friends
- Independence and daily functioning
- Enjoyment of hobbies and activities
The key to getting maximum compensation?
Building a full picture of what your life was like before the injury, how your life was after the injury, and how it is going to impact your future. This means working with:
- Life care planners who can document future medical costs
- Vocational experts who analyze earning capacity
- Economists who calculate lifetime financial impact
- Family members who can testify to personality changes
In cases where permanent disability is involved, we often see payouts in excess of $1 million. This is because cases include compensation for ongoing medical care and lost earning potential. The younger the client, the higher the potential value of the claim.
Building Your Expert Witness Team
Do you know the reason why some brain injury cases win millions while others are dismissed?
Expert witnesses.
Brain injury cases are some of the most complex in the legal world. Juries have no idea how to process the medical science, long-term prognosis, and financial impact. Without a team of experts to guide them, even the best case can fall flat.
The winning formula includes these experts…
Medical Experts
- Neurologists who understand the injury mechanism
- Neuropsychologists who can document cognitive deficits
- Rehab specialists who outline future needs
- The client’s treating physician who can give opinions on the future course of care
Economic Experts
- Life care planners for future medical and care costs
- Vocational rehabilitation specialists for work capacity
- Economists for lifetime earning and financial impact
- Financial planners to advise on settlement structures
Accident Reconstruction Experts
- Engineers who can recreate the incident
- Biomechanical experts who can explain injury forces
- Safety consultants who can point to code violations
- Technical experts for product defects
The reality is…
Quality expert witnesses aren’t cheap, but if you are going after significant compensation, they are essential. The best law firms invest the big bucks in expert testimony because it’s what separates $100,000 cases from $1 million ones.
4 Critical Mistakes That Kill Cases
I have reviewed hundreds of brain injury cases in my career, and I have seen 4 key mistakes show up over and over again that have destroyed otherwise strong cases.
Mistake #1: Waiting too long to file
Brain injury symptoms may take time to develop, but that does not mean you can wait indefinitely to file your lawsuit. Most states give you two years from the date of the injury to file. Miss that deadline, and you are done before you begin.
Mistake #2: Accepting the first offer
Insurance companies lowball every initial offer, especially with traumatic brain injuries where full damages may not be immediately known. Approximately 95% of personal injury lawsuits end in a pre-trial settlement, but never take the first one.
Mistake #3: Not following through with medical treatment
If you are not following up with medical care, the defense will argue you are not hurt. Seeking treatment creates a paper trail that is extremely important in proving your claim.
Mistake #4: Speaking to insurance adjusters without a lawyer
Insurance companies have teams of lawyers working for them to minimize your claim. If you go into negotiations alone, you are at an extreme disadvantage. Brain injury cases are too complex to navigate without experienced representation on your side.
Conclusion: Your Blueprint for Success
Winning a brain injury lawsuit is not a matter of luck, rather strategy.
Cases that result in significant compensation have one thing in common: thorough documentation, strong medical evidence, compelling expert testimony, and experienced legal representation.
Remember these key factors
- Documentation should start the day of the injury, not after the fact.
- Work with medical experts who understand brain trauma.
- Build a full picture of your life before, during, and after the injury
- Invest in quality expert witnesses.
- Avoid the 4 mistakes that will destroy your case.
The bottom line?
Brain injury cases can and are won with the right strategy. Do not let insurance companies minimize your claim or push you into a quick and low settlement. With the right approach and expert team behind you, you can secure the compensation you need to start rebuilding your life.
Act today. Your future depends on it.