Is it Difficult to Prove a Brain Injury?

Posted on 04/29/22

A brain injury can arise from many different types of accidents in Waterbury, including motor vehicle collisions and slip and falls. While some brain injuries have obvious and recognizable symptoms, others can be more difficult to prove. This is especially true in a case involving a mild brain injury or one that does not appear on medical scans. If you wish to seek financial compensation for a traumatic brain injury in Connecticut through a lawsuit, you may need professional assistance from a Waterbury brain injury attorney to prove your case.

What Types of Medical Tests Can Prove a Brain Injury?

To diagnose a brain injury, a doctor will start with a physical examination and an overview of your symptoms. The doctor may make notes during this process that you can use as evidence to support your brain injury case. Then, the doctor will take scans of your brain and order other tests to search for signs of an injury, such as bleeding or swelling. Medical tests that can help you prove a brain injury include:

  • Neurological exam
  • X-rays 
  • Glasgow Coma Scale rating
  • Computerized tomography (CT) 
  • Magnetic resonance imaging (MRI) 
  • Magnetic resonance spectroscopy (MRS) 
  • Intracranial pressure (ICP) monitoring
  • Diffusion tensor imaging (DTI)
  • Susceptibility weighted imaging (SWI) 

Medical records are one of the strongest types of evidence available in a brain injury lawsuit. Go to a hospital or doctor right away after an accident that involves a bump or blow to the head. Prompt medical care can show an insurance company that you were hurt in an accident and that you did your part to mitigate your damages by seeing a doctor. If a brain injury appears on a scan, this can provide key evidence to prove your claim.

What Other Evidence Is Available to Prove a Brain Injury Case?

In the past it was (mistakenly) believed that if a brain injury does not appear on an MRI or CT scan, it could not be severe. Thanks to modern medicine, we now know that this is not true. The brain is more susceptible to serious injury than was previously thought. In many cases, imaging scans of the brain are inconclusive. A brain injury attorney can use the latest in medical and scientific research to prove that you have a brain injury even without hard evidence such as an imaging scan. Other evidence that could be available to support your case includes:

  • Medical records, such as an opinion from your physician, psychologist or neurologist. Any medical documentation of a brain injury can help your case.
  • Testimony from family members who witnessed the immediate aftermath of the accident, such as you losing consciousness or being confused.
  • Interviews with witnesses who knew you prior to the accident to establish your pre-accident condition.
  • People who can testify that there have been changes in you, such as coworkers or other students at school.
  • Testimony from a brain injury expert who can weigh in on the presence of a brain injury despite what medical scans failed to show. 
  • A police or accident report that contains a detailed description of the accident and injuries in question.
  • Photographs or videos. Pictures, videos and surveillance footage – both of the accident and your recovery.
  • An injury or pain journal that you keep detailing your daily life and how it has changed since the accident.

A brain injury lawyer will know what types of evidence are most likely to compel an insurance company, judge or jury to decide in your favor. Your lawyer can take immediate steps to preserve important evidence, both of your injuries and the defendant’s fault for your accident. Then, your lawyer can piece the evidence together to tell your story in an effective and compelling way. Even without proof in the form of imaging scans, you can still win a brain injury lawsuit in Connecticut with the right legal strategy.