After an individual suffers a traumatic brain injury, they should first seek medical care and then contact an experienced lawyer. An attorney will work with the injured person to brainstorm the evidence applicable to their case. The vast majority of the gathering of the evidence is conducted by the law firm with the help of the injured person’s family.
If you or a loved one has suffered a brain injury, you may be entitled to compensation. Call a dedicated lawyer who is knowledgeable about gathering and presenting evidence in a Toledo traumatic brain injury case.
Preparing for Traumatic Brain Injury Cases
When preparing for a traumatic brain injury case, the lawyers usually initially meet with the injured person. They work with the individual, monitor them, and make recommendations to the various doctors that they will see throughout the treatment of their injury. The attorney takes pictures and videos early on in the process, which is essential to gathering evidence in a Toledo traumatic brain injury case. The injured person’s legal counsel will then interview the family members, parents, spouses, and children to get an implication on the before-and-after effects of the injury on the individual.
The lawyer’s job also consists of obtaining employment and/or school records to provide to their neurologist and neuropsychologist. An economist could also be used to talk about the economic impact of the injury has on the individual’s life.
Examples of Qualifying Evidence
Usually, there is either a CAT, brain MRI, or a PET scan that can be used as evidence in a Toledo traumatic brain injury case. Using medical records as evidence is another reason why someone should seek medical attention following a brain injury immediately. Other qualifying evidence includes employment and/or school records that will show the prior IQ and what the impact of the injury has made through neuropsychological testing. The neuropsychological testing could demonstrate the injured person’s post-accident IQ.
Collecting and Presenting Evidence
Preparing evidence involves getting to know the injured person and their family. The lawyer will go to the injured individual’s residence, see how they live, and get photographic and video evidence before and after the accident. Throughout the year the lawyer is preparing for the case for settlement or trial. The attorney’s job is to be able to tell the individual’s story in the most effective way possible so the person can receive the compensation they need.
For someone to receive compensation for their injuries, they must be able to prove liability. Establishing liability involves proving that an individual had a duty of care towards the other person, they violated the duty of care, and therefore they were negligent and the negligence caused the person’s traumatic brain injuries. For example, when looking to establish liability in a car accident, lawyers can use photos, eye-witness testimony, and an accident reconstructionist to reconstruct the wreck.
Proving negligence can be difficult, which is why it is essential for an injured person to obtain the services of a seasoned lawyer who has experience gathering evidence in a Toledo traumatic brain injury case.