5 Steps To Prove Causation In A Brain Injury Case 

Injuries​‍​‌‍​‍‌ to the brain are very tragic situations. One of the most difficult things you have to do is prove that someone else was negligent. It is usually impossible to get a reward for your damages without first showing what caused them.

Roseville is a city with a lot of people and is located in Placer County, California. The city is famous for its shopping centers, like the Westfield Galleria, and it has an increasing population and a suburban atmosphere.

The city has a Mediterranean climate with hot summers and mild winters. It has parks, cultural sites, and good schools, which is why it is a favorite place for families. ​‍​‌‍​‍‌

However, for those dealing with traumatic brain injuries in the area, having strong legal support is crucial. Without proof, insurance companies can say that your symptoms were a result of something else. This is why having strong legal support for a traumatic brain injury in Roseville can make all the difference.

In this article, I will explain the following things:

• What is causation in a brain injury?
• How to prove causation in a brain injury?
• How can a personal injury lawyer help you in proving causation in a brain injury?

Therefore, if there are a few things that you want to know, keep on reading this article till the end…

Key Points: 

• Get medical help right away to connect your injury with the accident. 
• Keep detailed records of symptoms and treatments. 
• Use medical experts to confirm the cause of your injury. 
• Show how the injury has affected your daily life and work. 

What Is Causation In A Brain Injury?

From​‍​‌‍​‍‌ the point of view of the law, causation is one of the core concepts that is necessary in the process of assigning responsibility, reports the legal experts. As such, it is regarded as the connecting link between the defendants’ acts and the injury or loss suffered by the plaintiffs.

Causation in terms of a brain injury establishes the link between the incident and the subsequent damage to the brain. This is relevant in both the medical and legal spheres, where the process of determining causation involves knowing the different ways injuries can ​‍​‌‍​‍‌occur.

How To Prove Causation In A Brain Injury?

An​‍​‌‍​‍‌ adept lawyer in a bustling city such as Roseville will be able to help you in the process of gathering evidence, providing medical expert consultation, and designing a strong case that connects the injury to the defendant. So, what ways of proving causation in a brain injury case are ​‍​‌‍​‍‌there?

1. Seek Immediate Medical Attention 

The first and most important step is to get medical assistance right after the incident. Evaluating your symptoms helps create a formal medical record that states when you were evaluated and what your symptoms were.

Evidence that you sustained your injuries as a result of the accident can come from your emergency room report or MRI scan report. 

2. Document Every Symptom And Medical Visit 

Maintain a thorough record of all medical appointments, diagnoses, medication, and physical or cognitive challenges you are experiencing. Those who suffer from a brain injury tend to have issues with the following:

• Mood.
• Concentration.
• Problems walking.
• Stumbling.
• Falling.  

Providing regular documentation will assist in establishing the original injury as well as substantiating the injury and your ongoing complaints. 

3.​‍​‌‍​‍‌ Establish The Defendant’s Negligence

Before you can even think of proving causation, you must show negligence of the defendant. In short, you need to prove that the other party was required to take care of you, they violated this duty of care, and you were hurt as a result of their actions.

As an example, if an inattentive driver made a crash that caused you a head injury, then a police report, testimonies of witnesses, and video of the traffic camera can serve as evidence to support your claim. A competent lawyer will do it for you by obtaining and coordinating this evidence.

4. Work With Medical And Scientific Experts

In most cases, insurance companies refuse to acknowledge the link between the accident and the injuries.

Medical experts, like a neurologist or a rehabilitation specialist, can bring proof that your mental and physical limitations correspond to the type of injury you have.

That the brain injury was the direct result of the defendant’s negligence and, therefore, your injury was not caused by anything ​‍​‌‍​‍‌else.

5. Demonstrate The Impact On Your Life 

Ultimately, providing proof of causation involves proving how your brain injury affects your daily life, work, and relationships. Examples of evidence include the following:

• Pay stubs.
• Performance reviews.
• Family testimony.
• Journals describing your recovery.

These will all help show the injury has had lasting effects. A detailed account of how your life has changed since the incident can help build a stronger case against insurance adjusters or jurors. 

How Can A Lawyer Help You Prove Causation In Brain Injury?

One​‍​‌‍​‍‌ of the ways in which a lawyer can help establish causation in a brain injury case is by getting pivotal medical records, employing expert witnesses to demonstrate the link between the incident and the injury, and handling the complicated legal issues that are frequently encountered.

Any type of brain injury, in particular, mild traumatic brain injuries (TBIs), can become a hard-to-prove issue since the symptoms of such may take some time before they are apparent and may not even be visible on standard imaging tests.

An experienced attorney will draw up a solid, diversified plan to confront these difficulties. Basically, they can perform such functions as:

• Collecting and keeping evidence safe.
• Obtaining and managing expert testimony.
• Reacting to issues and refuting different ​‍​‌‍​‍‌causes.

It​‍​‌‍​‍‌ is not easy to demonstrate that a certain factor brought about an injury. The evidence should be in harmony with knowledge, experience, and expert opinion. Your every move, thus, following the treatment and healing, is, in fact, helping your case.

Consequently, the statement of your injury should demonstrate a straightforward connection between the accident and the injury. An experienced attorney may be instrumental in achieving a positive outcome. So, get in touch with reliable lawyers if you need assistance with your case and make sure that your rights remain intact.

Read Also:

• The Ultimate Personal Injury Dos and Don’ts Guide: What You Need to Know
• How To Document An Injury When No One Else Is Around
• Understanding Your Legal Options After Being Injured