Brain injuries are among the most devastating types of injuries a person can experience. Whether they result from a car accident, a fall, or any other type of traumatic incident, the physical, emotional, and financial consequences can be overwhelming. For victims and their families, pursuing legal action against the responsible party is often necessary to secure compensation for medical bills, lost wages, and other damages. However, winning a brain injury lawsuit isn’t as simple as pointing to the injury. It requires compelling evidence to establish the case in court.
At Strickland & Kendall, we’ve spent years representing clients in brain injury cases, fighting to ensure they receive the justice and compensation they deserve. In this article, we’ll explore the key types of evidence necessary for a successful brain injury lawsuit and how our team can assist you in building a strong case.
Medical Records and Expert Testimony
The foundation of any brain injury lawsuit is the medical evidence, which serves as proof that the injury exists and demonstrates the extent of the damage. Brain injuries, especially traumatic brain injuries (TBI), can vary widely in severity, from mild concussions to life-altering conditions like chronic traumatic encephalopathy (CTE) or permanent cognitive impairment.
Detailed Medical Records
Medical records document every step of your diagnosis and treatment. They provide an objective record of the injury and ongoing medical care. For example, emergency room visits, MRI and CT scan results, neurology consultations, and rehabilitation therapy notes are all crucial to proving the injury’s existence and severity.
However, simply showing you were injured isn’t enough. The medical records must demonstrate a direct link between the brain injury and the accident that caused it. This is where a skilled brain injury lawyer can help by gathering records that thoroughly detail the timeline and connection between the incident and the injury.
Expert Medical Testimony
In many brain injury cases, expert testimony is critical to explain the long-term effects and prognosis of the injury to a judge or jury. This can include neurologists, neuropsychologists, or other medical professionals who specialize in brain injuries. Their testimony helps to clarify how the injury affects cognitive and physical functions, quality of life, and the ability to work.
At Strickland & Kendall, we collaborate with leading medical experts to ensure the courts fully understand the impact of your injury. We’ll work closely with them to explain your treatment plan and the long-term consequences you may face, ensuring that every detail of your case is presented effectively.
Accident Reports and Eyewitness Testimony
To succeed in a brain injury lawsuit, we must prove that someone else’s negligence directly caused your injury. Accident reports and eyewitness testimony play a vital role in establishing liability and showing how the incident occurred.
Accident Reports
If the injury resulted from a car accident, slip-and-fall, workplace incident, or other traumatic event, an official accident report provides key evidence. This report typically includes details such as the time, place, and circumstances of the event, as well as any findings by investigating officers or officials.
For example, in a car accident case, a police report will detail which drivers were involved, who was at fault, and whether any traffic laws were violated. For a slip-and-fall injury, the property manager’s incident report might describe the condition of the premises and whether any safety measures were lacking.
Eyewitness Testimony
Eyewitnesses who saw the accident happen can offer powerful evidence. Their testimony can confirm details of the event, such as the other party’s actions leading up to the accident or whether hazardous conditions contributed to the injury.
At Strickland & Kendall, we understand how important it is to gather this evidence promptly, as memories fade and witnesses may become harder to locate over time. Our team will act swiftly to interview eyewitnesses, collect accident reports, and preserve this vital evidence.
Photographic and Video Evidence
Photographic and video evidence can paint a clear picture of the incident and the aftermath, strengthening your case significantly.
Photographs of the Scene and Injuries
Immediately after the accident, photographs of the scene can help establish what conditions existed and whether negligence was a factor. For example, in a slip-and-fall case, photos might show a wet floor without warning signs or a broken handrail that contributed to the fall. In a car accident case, photos of the vehicles, skid marks, and the surrounding area can support the narrative of how the accident happened.
Likewise, photographs of your injuries immediately after the accident and throughout the healing process provide compelling visual evidence of the harm you endured. This can be particularly useful in brain injury cases, where external symptoms may not fully reflect the internal damage.
Surveillance and Dashcam Footage
Video evidence, such as security camera footage or dashcam recordings, can be invaluable in proving fault. This footage can capture the moments leading up to the accident and the event itself, providing undeniable proof of how the injury occurred.
At Strickland & Kendall, we know how to obtain and preserve this crucial evidence before it is lost or destroyed. Whether it involves requesting video footage from businesses or seeking out dashcam recordings, we have the experience to secure this critical evidence for your case.
Proof of Negligence or Liability
Establishing negligence is essential in any personal injury case, including brain injury lawsuits. To prove negligence, we must show that the defendant had a duty of care, that they breached that duty, and that the breach directly caused your injury.
Establishing Duty of Care
The first step is proving that the defendant owed you a duty of care. This will vary depending on the circumstances. For example:
- In a car accident case, all drivers have a duty to operate their vehicles safely and obey traffic laws.
- In a premises liability case, property owners must maintain safe conditions for visitors.
- In a medical malpractice case, healthcare providers have a duty to provide competent care.
Proving a Breach of Duty
Next, we must show that the defendant breached this duty. This could involve:
- A driver running a red light or speeding.
- A property owner failing to fix a dangerous condition, like a broken staircase or slippery floor.
- A doctor misdiagnosing a condition or providing substandard medical care.
Causation and Damages
Finally, we must prove that the breach of duty directly caused your brain injury. This often involves linking the defendant’s actions to the event that resulted in your injury. Medical records, expert testimony, and accident reports all come together to prove that your injury was a direct result of the defendant’s negligence.
Strickland & Kendall’s legal team has decades of experience identifying and proving negligence. We will investigate the details of your case and build a strong argument that demonstrates the defendant’s liability.
Key Areas of Compensation in Brain Injury Cases
Below is a chart outlining some of the primary areas where victims of brain injuries may be entitled to financial compensation:
| Compensation Category | Description |
| Medical Expenses | Covers past, present, and future medical bills including surgeries, therapies, and medications. |
| Lost Wages | Compensation for lost income during recovery and, if applicable, diminished future earning capacity. |
| Pain and Suffering | Non-economic damages for physical pain, emotional distress, and reduced quality of life. |
| Rehabilitation Costs | Covers long-term rehab needs, including physical therapy, occupational therapy, and speech therapy. |
| Home Care and Modifications | Costs for in-home care services or necessary home modifications due to long-term disability. |
| Punitive Damages | In cases of extreme negligence or malice, courts may award additional punitive damages to deter future misconduct. |
Financial and Personal Loss Documentation
Brain injuries can result in not only immediate medical costs but also long-term expenses and lifestyle changes. To ensure you receive full compensation, it’s essential to document the financial and personal impact of the injury.
Medical Bills and Future Treatment Costs
Your current medical bills provide a clear picture of the financial toll of the injury, but it’s also important to calculate future costs. Brain injuries often require ongoing treatment, including rehabilitation, physical therapy, psychological counseling, and long-term care. Expert testimony from medical professionals can help estimate these future costs and ensure they are factored into your compensation.
Lost Wages and Earning Capacity
A serious brain injury can prevent you from working for an extended period, if not permanently. Pay stubs and employment records can help calculate lost wages, while experts can project how your earning capacity may be impacted if you’re unable to return to your previous job or career.
Pain and Suffering
Brain injuries can have a profound effect on your quality of life. You may experience chronic pain, emotional distress, and cognitive impairments that limit your ability to enjoy life as you once did. While these damages are more difficult to quantify, they are just as important. Testimony from friends, family, and medical professionals can help convey the full extent of your suffering.
We take a comprehensive approach to ensure all your losses are accounted for. We work with financial experts, economists, and medical professionals to build a case that captures the full scope of your damages, both current and future.
Precedent and Legal Research
Finally, our team will look at previous court cases that are similar to yours to identify strategies and legal precedents that can strengthen your case. By understanding how courts have ruled in similar brain injury cases, we can better predict potential challenges and prepare for them.
How Strickland & Kendall Can Help
Pursuing a brain injury lawsuit can be complex and overwhelming, but you don’t have to go through it alone. At Strickland & Kendall, we specialize in brain injury cases and have a track record of securing successful outcomes for our clients. We understand the legal and medical complexities involved, and we know how to gather the evidence needed to build a strong case.
From medical records and expert testimony to accident reports and financial documentation, we will guide you through every step of the process. Our goal is to ensure that you receive the compensation you deserve for the physical, emotional, and financial hardships you’ve endured.
If you or a loved one has suffered a brain injury, don’t hesitate to reach out to us for a free consultation. Let us be your advocates in the fight for justice and fair compensation. We’re here to help you every step of the way.