Proving TBI: Making the Invisible Visible
Brain injuries hide beneath the skull. Insurance companies exploit this, claiming your injury is fake or exaggerated. Here's how we build airtight cases that prove what they try to deny.
Key Takeaways
- Layered evidence wins: No single test proves TBI—we use multiple evidence types together
- Neuropsych testing is crucial: Objective cognitive testing is often the strongest evidence
- Before/after testimony: Family and coworkers describing changes in you are powerful
The Evidence Pyramid for TBI Claims
Strong TBI cases stack multiple evidence types. No single piece proves everything—the power is in the combination:
Medical Records
Emergency room notes documenting head trauma, loss of consciousness, or altered mental status. Hospital records, imaging reports, and follow-up visits create the foundation.
Neuropsychological Testing
Comprehensive cognitive testing measuring memory, attention, processing speed, and executive function. Provides objective, quantifiable data on brain dysfunction.
Imaging Studies
CT scans (bleeding, fractures), MRI (structural damage), DTI (white matter tracts), fMRI (functional abnormalities). Each captures different aspects of injury.
Lay Witness Testimony
Declarations from family, friends, and coworkers describing specific before-and-after changes in personality, memory, behavior, and functioning.
Symptom Journals
Daily logs of headaches, cognitive difficulties, emotional episodes, and sleep disturbances. Creates a detailed timeline of ongoing symptoms.
Pre-Accident Records
School transcripts, job evaluations, prior medical records showing normal cognitive function before the accident. Establishes your baseline.
Expert Witnesses in TBI Cases
Complex TBI cases require multiple experts. Each brings specialized knowledge to prove different aspects of your claim:
Neurologist
Medical diagnosis, treatment, prognosis
Confirms TBI diagnosis, explains injury mechanism, projects future medical needs
Neuropsychologist
Cognitive testing, deficit documentation
Provides objective test data showing specific cognitive impairments
Neuroradiologist
Advanced imaging interpretation
Identifies subtle imaging findings others miss; explains DTI/fMRI results
Vocational Expert
Employment impact analysis
Calculates lost earning capacity based on cognitive limitations
Life Care Planner
Future treatment costs
Projects lifetime medical expenses, therapy, and care needs
Economist
Financial loss calculation
Converts lost earning capacity and future costs into present value
Brain Imaging: Beyond Standard Scans
Standard CT and MRI scans miss many TBIs. We use advanced imaging when appropriate:
| Imaging Type | What It Shows | TBI Relevance |
|---|---|---|
| CT Scan | Bleeding, skull fractures | Often normal in mTBI; used for acute emergencies |
| Standard MRI | Structural brain anatomy, contusions | More sensitive than CT but still misses diffuse injuries |
| DTI (Diffusion Tensor Imaging) | White matter tract integrity | Detects axonal injury invisible on standard MRI |
| fMRI (Functional MRI) | Brain activation patterns | Shows abnormal brain function during cognitive tasks |
| SWI (Susceptibility Weighted) | Microbleeds, iron deposits | Detects tiny hemorrhages from shearing forces |
Key Point: "Normal" imaging doesn't mean you don't have a TBI. It means the specific imaging used couldn't visualize your injury. We ensure you get the right scans and have experts who can interpret them properly.
Proving the Accident Caused Your TBI
Insurance companies often admit you have symptoms but argue the accident didn't cause them. Here's how we establish causation:
Timeline Correlation
Symptoms began immediately after or shortly after the accident. Medical records document the mechanism of injury (blow to head, rapid deceleration, etc.).
Pre-Accident Baseline
School records, job performance reviews, and prior medical records show normal cognitive function before the accident. No pre-existing brain issues.
Rule Out Alternatives
Medical experts rule out other potential causes: prior TBIs, substance abuse, psychiatric conditions, etc. The accident becomes the only viable explanation.
Before/After Witnesses
Family and coworkers describe specific, observable changes in your personality, memory, and functioning that appeared after the accident.
Frequently Asked Questions
We Prove What They Try to Deny
TBI claims require evidence that insurance companies don't want to acknowledge. We build airtight cases with the right experts, imaging, and documentation.
No Fee Unless We Win
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