A brain injury diagnosis is frightening, especially when it leaves you with medical expenses and interferes with your ability to work. All brain injuries can have serious and potentially long-term consequences, including traumatic brain injuries (TBIs). TBIs can range in severity from a mild concussion with a single emergency room bill and a week of lost wages to a diffuse axonal injury with permanent impairment.
When a brain injury is the direct result of someone else’s negligent actions, you don’t have to be left with the financial repercussions as well as the physical ones. A brain injury claim against the at-fault party can’t undo the injury, but it relieves the financial consequences and brings a sense of justice. Before you begin the process, it’s important to understand that a successful brain injury claim requires compelling, carefully documented evidence.
The Importance of Evidence In a Successful Brain Injury Claim In Missouri
Under Missouri 537.765, the state’s pure comparative negligence law, an injury victim seeking compensation for their losses may file a claim against the at-fault party. Typically, this begins as a direct claim against the appropriate insurance company, like commercial liability insurance after a slip-and-fall accident or car insurance after a crash.
If the insurance company fails to offer a fair settlement, the case becomes a lawsuit to be litigated in court. It takes substantial evidence of a brain injury, its economic and non-economic effects on the victim, and the responsible party’s fault to end with an ample settlement or to present an effective case in court.
What Types of Evidence Do I Need for a Missouri Brain Injury Claim?
Proving another party’s liability requires evidence that meets the standard of liability. In civil court, this means showing that the responsible party owed a duty of reasonable care to the injury victim — like a driver’s duty to follow traffic laws — that they breached that duty, the breach caused injury, and the injury victim suffered damages. Common evidence collected in brain injury cases includes the following:
- An accident, incident, or police report
- Evidence collected at the scene of the accident or injury
- The injury victim’s medical records showing the history of the injury, medical imaging tests, and other diagnostic evidence, the doctor’s treatment recommendations, and the prognosis
- Medical bills, invoices, and statements
- Receipts for out-of-pocket, injury-related costs
- Employer statements showing lost wages and/or how the injury impacts the victim’s employability
- The testimony of medical experts explaining the injury and its impacts on the victim
- Eye-witness testimony
- A pain journal showing the victim’s level of pain since the injury, medical appointments, and other impacts on daily life
In brain injury cases, the evidence must support all of the standards of liability against the responsible party and make a compelling case for the injury’s adverse impact on the victim’s life, including the anticipated future financial effects.
How Can I Help Collect Evidence for My Case?
Clear, concise evidence increases the chances of achieving a full and fair settlement for damages. By preserving evidence throughout recovery, you can streamline and strengthen the claim process. It’s helpful to preserve evidence at the scene by taking photos and eye-witness contact information. Then, seek medical care as soon as possible; straight from the scene is best.
Have a complete medical evaluation and request a detailed medical report. Be sure to save all medical bills and receipts. You can also gather tax forms to show your usual income and benefits. Gathering evidence is a crucial aspect of a successful claim. Your St. Louis injury attorney will also gather evidence during a thorough investigation of all aspects of the injury, including consulting with medical experts and physical and occupational therapists. Strong evidence is the key to a successful brain injury claim.