Traumatic brain injury (TBI) cases hinge on the quality of documentation. According to research, thorough documentation can dramatically increase settlement value, often by hundreds of percent, resulting in payouts ranging from hundreds of thousands to millions of dollars. Comprehensive evidence is crucial for proving the severity and long-term impact of the injury on a person’s life. Unfortunately, many victims or families underestimate the documentation needed to prove their case and secure maximum compensation.
Below, we share some of the key documentation strategies you can follow to increase your chances of recovering fair compensation.
1. Gather Comprehensive Medical Records
Medical records are the foundation of any traumatic brain injury claim. Records from the time of the injury onward establish the link between the accident and your injury. They help establish the severity of the injury. Key medical evidence to gather includes:
- Emergency and ambulance reports detailing initial symptoms, such as confusion, loss of consciousness, or disorientation.
- Diagnostic imaging, such as CT scans or MRIs.
- Treatment plans and therapy notes showing ongoing care and progress over time.
- Evaluations from specialists like neurologists or neuropsychologists assessing cognitive impairments.
2. Maintain a Daily Symptom Journal
While medical records are vital, they do not capture the day-to-day challenges of living with a traumatic brain injury. Keeping a daily journal that details how the injury affects your life daily can help fill this void. They can demonstrate to insurance companies and courts the actual impact of the injury.
When keeping a journal, make sure you include details about:
- Physical symptoms such as headaches, dizziness, and fatigue
- Cognitive challenges such as trouble concentrating, memory issues, or confusion
- Emotional challenges such as anxiety, mood swings, or depression
- Activity limitations, such as struggles with work, school, hobbies, or social life
It is crucial to be specific, and every entry should be dated and include the time of the observations or events. For example, do not just say “I had a bad headache.” Indicate the exact location, for instance, was the pain at the front of your head? Indicate the time you experienced the headache, for example, from 2 PM to 3 PM. Additionally, indicate the pain level, for instance, on a scale of 1-10. Also, don’t forget to mention things that relieve or trigger symptoms.
3. Collect Witness Statements
Witnesses can help verify the details of your accident and the changes you have experienced in your daily life since you sustained the injury. Statements from family, friends, coworkers, or bystanders can corroborate your symptoms and limitations, strengthening your credibility.
4. Document the Accident Scene
If you’re physically able, document the accident scene thoroughly. Take pictures of the location from multiple angles, showing any hazardous conditions, property damage, and environmental factors that contributed to your injury.
5. Obtain a Copy of the Accident Report
Request a copy of the official accident report, if one was filed. This report provides an objective account of the incident, including observations from responding authorities, statements from involved parties, and any citations or official findings. Having this documentation can be a vital part of establishing the facts and supporting your claim.
6. Track Financial Losses
Maintain a detailed record of your economic damages, including:
- Medical expenses (past and future)
- Lost wages
- Travel expenses
Working with an experienced TBI attorney early can help ensure evidence is preserved properly.
Contact Us for Legal Help
Our experienced brain injury counsel at Griggs Injury Law can help you gather and preserve the evidence you need to prove your TBI case. Contact us today to schedule a consultation.
