Legal Hurdles to be Overcome in a Brain Injury Case.
Some cases may be more difficult to prove than others. That does not mean they cannot be proved, simply that for some cases, we just have to fight harder to win.
Brain injury cases can be like that.
Brain Injury Cases and Legal Proof.
Why are brain injury cases difficult to prove?
Because, for one thing, brain injuries don’t always show up on scans. A brain can a appear normal and healthy on a scan even though it is not.
Another difficulty encountered with brain injuries is that they do not always appear immediately. If you break your leg, that’s an injury that is immediate and easily documented. Symptoms related to brain injuries, on the other hand, can take several days or weeks after the accident or event, to show up. These symptoms can often be things like a headache or tiredness, normal everyday symptoms that don’t “scream” brain injury. As a result, many times insurance companies will deny (or try to deny) coverage by arguing that the symptoms that appeared after the fact are unrelated to the initial trauma.
Further complicating a number of brain injury cases is that the injury itself often prevents the victim from being able to help with their own case. This happens in cases where the injured person cannot recall what happened. This makes proving fault more difficult.
Finally, proving the extent of a person’s damages for purposes of compensation is also very challenging. In non-brain injury cases, it can be relatively straight-forward to prove, for example, that the person’s back or neck injury prevents him from doing his job any longer. But with brain injuries, it isn’t that simple. If a person can no longer do his or her job because of a brain injury, you must prove that he or she can no longer perform certain “invisible” functions, like cognitive thinking, or analysis or decision-making.
And that’s challenging.
Not impossible, but challenging.
We’re Up to the Challenge.
At the Day Law Group, we litigate brain injury cases, and we fight hard to get our clients the compensation they deserve. We offer FREE consultations. We have offices in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call (225) 200-0000 ToDay to schedule your free consultation or contact us here.