Common Challenges Lawyers Face When Proving a Traumatic Brain Injury

The Centers for Disease Control and Prevention (CDC) define traumatic brain injuries (TBI) as injuries that affect the working of the brain. According to statistics, there were about 64,000 TBI-related deaths in the United States in 2020.

TBIs are generally classified into three categories, mild (or concussion), moderate, and severe. Many such TBIs occur due to a second party’s negligence, in which case, victims have the right to start a lawsuit.

The victim’s family can use a specialized lawyer’s help when calculating the damages caused by the TBI, which could include medical costs, lost income, and mental suffering. However, since the diagnosis depends on a medical expert, there are quite a few challenges one may face while proving the injury and fighting for compensation. Therefore, hiring a good lawyer is vital to making the claim process smoother and more successful.

Challenges In Proving a Traumatic Brain Injury

As mentioned above, TBIs are classified into three categories, each with symptoms and plausible causes. Therefore, each case has to be analyzed in depth to help make the claims.

The following things may prove a hurdle for a lawyer while challenging the case for their client:

1.   Calculating Costs

Regardless of the level of the TBI, a lawyer has to calculate the compensation amount to be contested. For this, they must consider medical care, long-term needs, nursing services, facilities, insurance, the impact on income, and much more.

The attorney must stay up-to-date with the latest medical research, treatment, and insurance company policies. Moreover, it is difficult to put a price on the mental trauma that results from a brain injury, such as anxiety, social withdrawal, and constant stress.

2.   Imaging Study Disparities

The result of each CT scan or MRI depends on the machine used, the professionals’ skills, and the time between the scan and the injury. Every factor can impact the accuracy of the imaging result.

This can highly affect the diagnosis of brain injury, especially brain concussions, making it difficult to prove. For this, the lawyer must prove the doctor’s negligence, which can further complicate the case.

3.   Insurance Company Interventions

Insurance companies, for their own profit, often deny patient claims by stating exaggeration of symptoms by the client or by diagnosing a milder problem instead. This can cause disparities in the client’s medical history, altering the correct diagnosis.

This is generally done if the patient presents with subjective symptoms such as blurred vision and headaches that a CT scan can’t wholly justify.

To prove the diagnosis in favor of the client, the lawyer will have to make a compelling case, taking the jury through the process of brain trauma symptoms.

4.   Patient History

If the client has pre-existing conditions such as migraines, anxiety, or learning disabilities, it is difficult to prove a head trauma since any new symptoms can be related to the old ones.

5.   Proof of Negligence

It can be pretty difficult to prove negligence by the second party. For this, the lawyer will have to prove that the party either intended to hurt their client or failed to perform their duty.

Furthermore, proof of injury and damage must be presented to the jury. This could result in acquiring evidence against multiple parties that are to be held liable.

6.   Delayed Approach

Diagnosing mild TBIs can be tricky since they often do not produce symptoms immediately. In other cases, an individual may not seek immediate treatment for a concussion when they have other injuries to tend to.

This can affect the results of a scan when the diagnosis is attempted. Moreover, in some states, you may be unable to file after a specific time since the injury.


Traumatic brain injuries can turn a victim’s life upside down, often affecting their family members. When this occurs due to a second party’s negligence, exercising your rights to compensation is warranted.

A lawyer with experience can overcome the challenges mentioned above and help prove a traumatic brain injury in court, helping you receive compensation for all kinds of losses and damages.

Written by Frederick Jace

A passionate Blogger and a Full time Tech writer. SEO and Content Writer Expert since 2015.

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