Understanding Traumatic Brain Injury Claims
Traumatic brain injury claims involve establishing liability, documenting the extent of injury, and proving damages. Common causes include motor vehicle collisions, slip and fall incidents, workplace accidents, and recreational injuries. To build a strong claim, it is important to obtain timely medical evaluations, preserve records of treatment and therapy, and gather witness accounts and any available surveillance or scene evidence. In New York, statutes and case law can influence how fault is assessed and how damages are computed, so an organized approach to evidence and documentation is essential to seek full and fair recovery for medical and non-medical losses.
Medical documentation for a TBI claim should capture initial emergency care, diagnostic imaging such as CT or MRI, follow-up neurology or neuropsychology reports, and records of rehabilitation and therapy. Losses may include past and future medical costs, lost earnings, reduced earning capacity, and compensation for pain, suffering, and loss of enjoyment of life. Insurance carriers often scrutinize TBI claims closely, so accurate, consistent medical records and credible assessments of functional impact are important. Careful coordination between treating providers and legal representation helps clarify treatment needs and projected long-term care costs for settlement or trial presentation.
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