How Can My Lawyer Prove Negligence In a Brain Injury Lawsuit?

If you or a loved one has had a brain injury due to another’s negligence, the result is usually life-changing. Also, any brain injury, even minor, may cost hundreds of thousands of dollars to treat in order to do what’s medically necessary to get you back on track.

If negligence was involved, you should consider filing a lawsuit. However, vital information is needed, and you and your lawyer must prove some key points.

The first significant thing you must prove to the court is that the person or company responsible for your injury had a duty of care and did not meet it. In situations where duty of care is an expectation, the other person or company has a legal obligation to act in a manner that won’t cause anyone else harm.

Suppose you had a car accident, and the other person was found to be at fault. The other driver had a duty of care to drive and operate their car safely and failed to do so and, as a result, should, and can, be liable for the accident and your injury.

Then comes the matter of proving duty of care was not met. Your lawyer will gather evidence to prove that the other driver breached their duty of care and failed to act reasonably and therefore caused you harm.

Your experienced, diligent, and knowledgeable brain injury lawyer will know exactly what’s needed and strategically draft a case that shows the other party caused the accident and that the accident caused your debilitating brain injury.

The above scenario can be true of many types of personal injury cases. However, when brain injuries are involved, the most challenging part of your case is often proving what your injury consists of, how it affects your life, and how much care and compensation you need to move forward. This is where medical information becomes critical to winning your case and getting the funds you need to recover and thrive.

Why Is Medical Information Important In Winning My Brain Injury Case?

Proper professional investigation and documentation are critical to building a winning brain injury lawsuit. To strategically form a well-structured and winning case, the court must not simply understand your accident and how it occurred but also be painfully aware of your initial brain injury and the potential result of your injuries in the future.

Therefore, in any personal injury case, you must, of course, prove the injury. In a brain injury lawsuit, you must prove all aspects of your symptoms and how they changed (or may change) your life in order to secure the just and fair compensation you deserve. This critical proof is done in a practical way using documented professional medical evidence, expert witnesses, family and friend testimony, and much more.

Therefore, you must seek professional medical assistance after any accident, even if you believe your injuries may be minor. In brain injury cases, the extent of your brain symptoms and trauma, many times, may not be apparent for days or weeks later.

Seeing a doctor after your accident is critical to your current well-being, but often may uncover symptoms and damage that’s far more serious than you initially thought and that is not immediately apparent.

A few of the main reasons to see your doctor soon are:

  • A professional healthcare provider or specialist will ensure your injuries are correctly diagnosed and dealt with
  • By obtaining documentation from a medical professional, you’re providing valuable evidence you’ll need if you file a lawsuit. Your doctor will diagnose your present physical injuries, the state and extent of your injuries, and your prognosis for the future
  • In all brain injury cases, medical records, diagnosis, and a documented and complete prognosis will be invaluable in determining the dollar amount you must have to recover and get the medical help you need

Are All Medical Records Admissible In a California Brain Injury Lawsuit?

In California, medical documentation and records are admissible as evidence in a personal or brain injury case ( California Evidence Code § 1271 ), but the evidence must meet specific standards and legal qualifications. For example, your medical records are admissible if prepared by a medical professional or another qualified witness who confirms their validity or authenticity.

In brain injury lawsuits, demonstrating and proving the brain damage you’ve suffered and its severity can be challenging. The critical function of medical evidence is to explain your complete medical picture to the court and the judge so they can make substantiated and rational decisions.

Medical documentation, notes, etc. from the hospital staff, doctor, nurse, or any pertinent medically qualified witness can be invaluable in determining the cause of injuries, psychological damage, the effects on your life, and how long these effects may last.

A skilled and experienced brain injury lawyer will present your case using these records, etc., not only as evidence of your injuries but also to determine the full extent of the economic damages you must have to move forward.

What Are Some Examples of Medical Records That Will Help My Brain Injury Case?

When your thorough brain injury lawyer professionally prepares your case, your medical records, statements by your medical team, etc., are usually the cornerstone of your claim. Your lawyer will ensure that these records present a clear and objective account of your brain injuries, treatments you’ve received and possibly continue, and a detailed prognosis and timeline for your recovery.

Properly documented medical records are tangible proof that you have sustained damaging brain injuries and that these injuries are a direct result of your accident.

If you don’t have the proper and professionally prepared documentation, your lawsuit can rapidly whither, leaving you with an unfavorable verdict or reduced settlement offer.

The term “medical documentation” includes a variety of records, just some examples of which are: 

  • Medical reports by hospital staff, nurses, and medical specialists
  • Complete hospital records of your stay, treatment, surgeries, etc.
  • Prescriptions you have been given and may be on for a lifetime
  • Critical diagnostic tests and results including MRIs, X-rays, and CAT scans
  • Documentation of your rehabilitation, physical therapy, and prognosis
  • All your medical bills, invoices, bills you paid, and what’s needed for your future treatment and recovery

The above is only a sampling of the medical evidence needed to win your case. Your empathetic, detail-oriented, and experienced brain injury lawyer will gather this evidence and present it rationally and comprehensively so that you have the best chance at getting the total compensation you need and deserve.

I Need More Information on a Brain Injury Lawsuit. How Should I Proceed?

Proper and complete medical documentation plays a critical role in winning any personal injury case, but this fact is especially true in brain injury cases. Brain injuries may not manifest symptoms immediately, are much harder to diagnose, and are legally highly challenging to deal with. A well-versed brain injury law team’s professional advice, guidance, and experience is mandatory.

The brain injury lawyers at The Law Office of Daniel Deng are familiar with the devastation brain injuries can cause you and your family. Call them today at 626-280-6000 for a full consultation on your case and get the compassionate, skilled professional help you need.

The lawyers at the Law Office of Daniel Deng are passionate about your future. They will work tirelessly to collect all the pertinent medical documents required to build the most comprehensive case on your behalf and provide you the best chance at a more positive outlook for your health in the future.