Traumatic Brain Injuries - Neurology

Proving Traumatic Brain Injury in a Personal Injury Claim

The challenge of proving traumatic brain injuries in Tennessee personal injury cases and how our team can help

Suffering a traumatic brain injury (TBI) due to someone else’s negligence can upend every aspect of your life, physically, emotionally, and financially. TBIs are often named "invisible injuries" because they aren't always obvious right after an accident, and they aren't always apparent to those who see the victim in passing.

Proving the true scope of a brain injury in a personal injury claim requires powerful evidence and knowledge from personal injury lawyers because insurance companies and defense teams frequently challenge or minimize these cases.

If you’re a victim in Tennessee dealing with the aftermath of a traumatic brain injury, skilled legal guidance can put you in the strongest possible position to recover both justice and the compensation your recovery will require. Reach out today to schedule your free consultation.

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"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

What is a traumatic brain injury?

A traumatic brain injury happens when an external force, such as a blow, jolt, or penetration to the head, disrupts normal brain function. TBIs can occur even without a direct hit to the head. TBIs can occur in many different scenarios, like car crashes, motorcycle accidents, falls, sports collisions, or violent incidents.

Mild TBI vs. Severe TBI claims

A mild TBI, usually just called a concussion, may cause symptoms like brief loss of consciousness, headache, sensitivity to light, dizziness, and trouble concentrating. These symptoms tend to resolve over time with appropriate medical care (although some people experience persistent effects for weeks or longer). Severe TBIs may involve more extended periods of unconsciousness (coma), more apparent brain damage, or penetrating head injuries, resulting in long-term disability, significant medical needs, and other life-altering changes.

Why traumatic brain injuries are difficult to prove

Traumatic brain injuries are often called "invisible injuries" because their symptoms aren't always visible from the outside and can be absent, or subtle, immediately after the accident. Many who suffer a TBI don’t lose consciousness or register emergency symptoms right away, making it easy for both friends and first responders to overlook serious problems. It might be days or weeks before serious symptoms, like headaches, confusion, or emotional changes, start to show up.

 

This delayed diagnosis means injury victims can be accused of exaggerating or “faking” symptoms. Claiming compensation is harder when there are no visible wounds or broken bones and insurers will often try to take advantage of these gaps in care.

Further, a significant number of mild-to-moderate traumatic brain injuries do not show up on typical imaging studies (X-rays, MRIs, etc.)

How to prove a traumatic brain injury after an accident

Proving a traumatic brain injury usually requires knowledge of the injuries and experience in the legal field. Here's how this can be done:

Linking the accident to the brain injury

It’s key to link the injury directly to the accident. Medical records and doctor notes detail that your problems began with a specific event or accident. Medical records and expert opinions can help distinguish accident-related symptoms from pre-existing conditions.

Showing symptom progression over time

TBIs aren’t always clear on day one. Documenting new or worsening symptoms with ongoing doctors’ notes, therapy appointments, and updated test results helps demonstrate the ongoing impact of a brain injury.

Gathering corroborating testimony

Family, friends, coworkers, and physical or occupational therapists can give statements about how your behavior, memory, emotions, or abilities have changed since the injury. These first-hand accounts can be powerful evidence that the accident caused real, day-to-day effects.

Medical evidence commonly used to prove TBI

Understanding the type of medical evidence needed for TBI claims is helpful for victims. While your lawyer will be the one to lay out your case for the insurance adjuster or the judge and jury, knowing what you need to provide and go through can give you a better understanding of what to expect.

Imaging studies and diagnostic testing

CT scans may be quickly used first in the ER to check for brain bleeding, but MRIs are often better for seeing details of mild or moderate brain injuries long term. Mild TBIs, such as concussions, frequently won’t show anything unusual in imaging studies, so a “normal” test does not rule out real and life-altering brain injury. These limitations of imaging are why doctors don’t rely solely on CT or MRI scans.

Neuropsychological evaluations

Full neuropsychological exams are significant tools in proving brain injury without imaging that conclusively shows the injury. These include cognitive testing and memory assessments, as well as measuring attention skills and communication. Scores evaluate loss of focus, slow processing speed, and poorer planning, which can be markers of fundamental changes despite visually regular brain scans.

These neurological evaluations and tests can help demonstrate measurable cognitive impairment consistent with brain injury, even when imaging is normal.

Proving the long-term impact of a brain injury

Many traumatic brain injuries affect people for years to come. This makes it essential to prove that your injury will impact you in the long term so you can get the compensation you need to focus on your recovery. Proving TBI in injury claims and the long-term effects usually includes showing the following:

Cognitive impairment and memory loss

Patients may find focus, reasoning, or short-term recall remains restricted even after months of healing, affecting everything from reading to household management. This is a signature long-term brain injury effect.

Emotional and personality changes

Brain injuries sometimes create sudden mood swings, emotional outbursts, depression, or personality shifts that disrupt relationships and daily function.

Inability to work or reduced earning capacity

Ongoing cognitive impairment or physical handicap means victims can lose their jobs altogether or not be able to work as much and lose out on significant income. Documenting the difference in what you're making now versus what you made before the injury is an essential step in showing the long-term effects of the injury.

When all of these elements are documented through medical records and testimony from friends and family, and medical expert testimony, adjusters or jurors get an honest look at how the injury has truly impacted your life.

Why early medical documentation matters in TBI claims

Early medical documentation is crucial in traumatic brain injury claims for a few reasons.

Importance of emergency room records

Emergency room records often serve as early and persuasive pieces of evidence that an accident actually caused your brain injury and that symptoms started right away (note that follow-up care and testing can be just as important).

Gaps in treatment can undermine your case

If you wait days or weeks before seeking help, insurance companies and defense lawyers may argue that your symptoms were not serious or didn’t even arise from the accident. These gaps can cast real doubt on legitimate claims.

Early documentation builds credibility

Seeing a medical professional as soon as symptoms begin demonstrates that you take your health seriously. Well-documented, early follow-up shows consistency, and courts and insurers are more likely to believe your story if everything you say matches up with documentation.

The best thing you can do to build a successful claim is to get medical and legal help as soon as possible.

Looking for a local TBI lawyer?

If you or a family member has been injured because of someone else’s negligence and you’re suffering from a brain injury as a result, it’s important to get legal help. Our local team understands Tennessee injury claims and will do everything possible to help you get justice. We know how difficult these cases can be, and we have the experience to build and present your situation to the insurance company or court in a way that makes sense. Don’t hesitate to reach out to schedule a free consultation at one of our offices.

 

Clarksville Location: 2197 Madison Street, Suite 103, Clarksville, TN 37043

Hendersonville Location: 475 Saundersville Rd., Hendersonville, TN 37075

Murfreesboro Location: 2805 Old Fort Parkway, Suite H, Murfreesboro, TN 37128

Music Row Nashville Location: 1102 17th Avenue South, Suite 301, Nashville, TN 37212

East Nashville Location: 615 Main St., B21, Nashville, TN 37206

Nashville Location: 545 Mainstream Dr. #405, Nashville, TN 37228

Contact Rocky McElhaney Law Firm to schedule a free case evaluation

TBI victims deserve to have a clear and powerful voice by their side when dealing with insurance claims or lawsuits. No one should have to go to unreasonable lengths to prove the seriousness of their condition to an unsympathetic insurance adjuster or courtroom. Fortunately, our team is here to help. We’re ready to support by building your case with comprehensive medical documentation and other important types of evidence that can provide a clear overview of the injuries you’ve experienced and the long-term effects you’re facing.

 

While the journey after a traumatic brain injury may feel isolating, we’re with you every step of the way. Call or complete our contact form to schedule a free consultation.

 

 

 

Nashville Location
545 Mainstream Dr. #405
Nashville, TN

East Nashville Location
615 Main St., B21
Nashville, TN

Hendersonville Location
475 Saundersville Rd.
Hendersonville, TN

Clarksville Location
2197 Madison Street, Suite 103
Clarksville, TN