Traumatic brain injuries (TBIs) are some of the most complex and severe injuries that people suffer in a variety of accidents, like car accidents, slip and fall accidents, etc. By no coincidence, TBIs are also among the most difficult to prove injuries in personal injury cases and lawsuits. That’s where medical experts come in. Neurologists, neurosurgeons, and doctors in related fields are usually a necessary key to preparing a strong, evidence-supported case that shows the full extent of a victim’s brain injury and explains why they need a certain – and often significant – amount of compensation.
Why Medical Experts Are Essential in Brain Injury Cases
Brain injuries are not always obvious. While broken bones or visible wounds can be easily identified, a brain injury may take time to diagnose and even longer to determine its full effect on someone’s life. Medical experts are critical because they bring expertise, credentials, and detailed evaluations that turn complicated medical findings into evidence a court can understand. In fact, courts will often not agree to hear a TBI lawsuit unless the plaintiff has hired a medical expert to provide testimony.
Medical experts can translate highly technical medical data—like MRI results, neurocognitive reports, and physician notes—into clear insights about the injury. They connect these findings to how the victim’s life has been impacted, whether it’s through symptoms like memory loss, impaired motor skills, or personality changes. Without expert testimony, it can be difficult for a jury to fully grasp the seriousness of such injuries.
How Medical Experts Prove the Extent of Brain Injuries
Medical experts don’t just explain an injury—they prove that it exists in the context that the plaintiff says it does. The process begins with accurate diagnosis and documentation. For brain injuries, this process of proving the existence and symptoms of the injury often includes imaging tests such as MRIs or CT scans, as well as neurocognitive evaluations to assess mental functions like memory, concentration, and reasoning abilities. They carefully compile evidence of both physical and psychological conditions stemming from the injury.
Another critical task is linking the injury directly to the accident in question. Opposing lawyers and insurance adjusters may claim the brain injury wasn’t caused by the accident, was caused by a party other than the defendant, or even that it was a pre-existing condition. Medical experts help refute these claims by providing clear, evidence-based explanations detailing why the accident is responsible for the TBI.
Role of Medical Experts in Court
When it comes to presenting a TBI case before a judge or jury, medical experts are invaluable. Their testimony does more than explain medical jargon—it makes the injury real and relatable for people in the courtroom. They help jurors visualize how the injury happened, how it affects the victim daily, and how it will continue to impact them in the future. Of course, an experienced brain injury attorney will know how to work with the medical expert in court, so their testimony is directed and valuable.
A medical expert can also play a key role in countering common tactics used by insurance companies to deny or minimize claims. For example, insurance adjusters often argue that a victim’s symptoms are exaggerated or unrelated to the accident. Expert testimony can effectively dismantle these claims by presenting indisputable medical facts and data. Again, the brain injury attorney representing the injured client needs to be ready to question the medical expert themselves, so they can ask questions that will help explain why the defense attorney’s approach or conclusion was wrong.
Examples of Medical Expert Contributions in TBI Cases
Consider this example: After a car accident, a victim begins experiencing chronic headaches and mood swings. At first, they think it’s stress, but weeks later, they are diagnosed with a mild TBI. An insurance company might try to dismiss these symptoms as unrelated to the crash. However, a neurologist links the symptoms directly to the impact sustained in the accident, supported by diagnostic imaging and cognitive tests.
Or take the case of a client with a pre-existing condition, such as a prior concussion. Insurance companies might argue the new injury is just a flare-up of the old one. A trusted medical expert can carefully differentiate between the effects of the new injury and any past conditions.
Hire a Legal Team that knows the importance of Top Medical Experts
During a brain injury claim, the stakes are high. Oftentimes, the outcome of such a case will solely determine how much and how effectively the injured plaintiff can recover or try to get their life back on track again, possibly with a range of new accommodations in the future. That’s why it is so important to have not just a skilled legal team working on your behalf if you want to file a TBI claim but also one with connections to local, trusted medical professionals who can provide the expert testimony your case needs.
At The Law Offices of Joshua W. Branch, LLC in Athens, Georgia, we can collaborate with highly qualified medical experts when working on complex injury claims, such as brain injury cases. From diagnosing the injury to presenting evidence in court, we know how to prepare a compelling case that pursues maximized compensation for medical bills, lost wages, lost mobility and independence, emotional suffering, and much more.
Contact us today for a free consultation. You can dial (706) 760-9220 to speak directly to a member of our Athens TBI claim team.