Attorneys David E. Dobbs And Gregory S. Porter
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Why are brain injury lawsuits so challenging to pursue?

On Behalf of | Oct 25, 2023 | Brain Injuries

Certain types of catastrophic injuries require a more measured response than others. Someone with a soft tissue injury after a car crash will probably only need to file a basic insurance claim, but someone with a more severe injury that will result in lingering symptoms will likely require more support than insurance can provide. Thankfully, a personal injury lawsuit may be an option in scenarios where one driver’s negligence or violation of traffic laws is the underlying cause of a collision.

Those who have a moderate to severe traumatic brain injury (TBI) will likely have to cope with lifelong symptoms. Brain injuries can affect everything from motor function and cognition to personality and sensory perception. Pursuing a personal injury lawsuit related to a TBI can be far more effective at covering the costs of someone’s harm than an insurance claim, but it can also be much more complicated. What makes developing a TBI lawsuit so challenging?

Some TBI symptoms are hard to evaluate

An individual’s experience of pain, changes in how they treat other people and cognitive challenges that they develop because of a TBI can be very difficult to quantify. They can also be difficult to effectively demonstrate to others in a courtroom. Therefore, these symptoms can present a challenge when trying to seek an appropriate amount of compensation based on how someone’s TBI symptoms affect their daily life.

The financial impact of injuries is a challenge to calculate

A brain injury often requires extensive medical support in addition to impacting someone’s personal relationships and employment. Many people find it difficult to estimate the financial impact of a brain injury. It will often be necessary to explore in-depth how someone’s symptoms would affect their career and their relationships to effectively convince the courts of the amount of compensation that someone requires.

Given that an exploration of medical evidence is often a big part of a TBI lawsuit, even those with some experience with personal injury laws may struggle to craft a compelling case. Thus, those coping with the lifetime consequences of a moderate to severe brain injury generated by a car crash will likely require legal support if they hope to obtain an appropriate amount of compensation.