Sustaining a traumatic brain injury (TBI) because of someone’s negligence in a motor vehicle accident can be devastating. A TBI victim may pursue compensation, but they must determine the severity of their injury before filing a claim. If you unfortunately suffered a TBI in a road crash, how can you find out how severe your injury is?
Determining the severity of an injury
TBIs range from contusions to life-altering injuries. Among the key factors that determine an injury’s severity are the following:
- Type of TBI: A brain injury may be a concussion, coup-contrecoup or diffuse axonal, among other types.
- Extent of impairments: It is important to check beyond physical injuries. A TBI victim can also seek damages for cognitive impairments and emotional distress.
- Need for ongoing care: When there is a greater need for medical care and rehabilitation, it means that the injury is more serious.
Generally, a more severe TBI tends to cause a victim to suffer greater economic and noneconomic damages. However, knowing the injury’s severity is not enough because a TBI victim must gather more evidence to claim damages.
Providing evidence of negligence
In addition, there must be proof that another party’s negligence caused the TBI accident. This could be due to a driver’s violation of traffic laws, such as speeding, distracted driving or impaired driving.
Meanwhile, nondrivers can also commit negligence which could lead to a TBI road crash. This happens when manufacturers produce defective vehicles and maintenance staff fail to comply with repair and maintenance standards.
Giving proof of the crash and injury
Moreover, a TBI victim can boost their claim by gathering solid evidence like police reports and witness statements. Other pieces of evidence include photos or videos of the accident scene and testimonies from medical professionals.
Pursuing compensation and justice
In Texas, you can generally file a personal injury lawsuit within two years of the road crash. With legal guidance, you may navigate your harrowing TBI experience, fight for the compensation you deserve and pursue justice.