How Do You Prove a Car Accident Caused Brain Injuries in Texas?
An experienced Alvin car accident lawyer can leverage evidence documenting your medical condition, the effects of your brain injuries, and the physical impacts of the collision to prove that a car accident caused traumatic brain injuries in Texas.
In a split second, a car accident can cause injuries that last the rest of your life. But sometimes those injuries aren’t obvious, even if they’re incredibly severe. That is the case with traumatic brain injuries.
Unlike broken bones, which can be easily seen in X-rays, or visible injuries such as burns, injuries to the brain are virtually invisible. They can be hard to detect even with advanced imaging. That makes it easier for insurance companies to deny that these injuries exist or to insist that the harm is far less than it actually is. Or they can claim that the injuries were caused by something other than the car accident.
So, how do you prove that a car accident in Texas caused traumatic brain injuries? It takes a concerted effort to gather evidence and present it persuasively. Here we explain the expert medical, vocational, and logistical evidence and legal strategies an experienced accident attorney at DeKeyzer Law would use to recover compensation for car accident victims.
What Do You Need to Prove?
To obtain damages for a traumatic brain injury from a car accident, your lawyer must prove three things:
- The defendant’s action was the proximate cause of the accident and your injuries
- Your injuries are severe
- Your injuries interfere with your ability to work, meet basic needs, and enjoy life
The insurance company will try to deny all three of these factors, starting with the issue of proximate cause.
What Does Proximate Cause Mean in Texas?
In Texas, proximate cause requires an injured person’s attorney to prove that if the defendant had not acted irresponsibly, then the injuries would not have occurred. To demonstrate that the defendant’s actions were the proximate cause of a head injury, the injured person’s lawyer must show that the actions were the direct cause of the car accident and that it was foreseeable that a car accident could cause a severe head injury
Lawyers sometimes refer to the first element as the “but for” test. It is necessary to prove that the accident and injuries would not have occurred but for the defendant’s negligent actions such as running a red light, speeding, or drifting into another lane of traffic.
What Evidence Do I Need to Prove that the Other Person Caused the Accident?
A skilled accident attorney will use many types of evidence to demonstrate that the defendant caused the car accident, such as:
- The police report
- Expert testimony from accident reconstruction engineers
- Photographs showing damage to vehicles
- Pictures of the accident scene including skid marks and signage
- Footage from traffic cameras or security cameras
- Testimony from witnesses
It is crucial to start gathering and preserving evidence as soon as possible after the accident.
What Evidence Do I Need to Prove the Accident Was the Cause of My Brain Injuries?
Your attorney will use a variety of highly technical medical evidence as well as personal, real-world documentation. While standard X-rays may not provide conclusive evidence, a dedicated injury attorney can work with medical professionals to obtain advanced diagnostic imaging and other critical documentation, including:
- Emergency room write-ups immediately after the crash
- Symptoms documented at the scene such as loss of consciousness or confusion
- CT scans
- MRIs
- Diffusion tensor imaging
- Reports from neurologists and neuropsychologists documenting changes in memory, mood, and other effects
- Testimony from cognitive therapists explaining limitations in cognitive function
- Records from before the accident documenting the victim’s earlier condition
- Testimony from friends and family establishing the changes in the victim’s capabilities and personality
The evidence should be skillfully woven together to show how the impact of the collision caused brain injuries and the various negative impacts that these injuries are having on the life of the victim.
FAQs About Brain Injuries in Car Accidents
How are expert witnesses used?
Legal teams representing the victim and the defense are both likely to use expert witnesses to support their argument. Accident reconstruction engineers may testify regarding the force of impact absorbed by the victim’s head. Medical experts such as neurologists may testify to explain how impacts on the skull affect specific brain function. Economists and vocational experts may testify regarding the future impacts of the injury and how those impacts will cause financial hardship. Because the defense will be trying to refute every argument made by the accident victim’s legal team, it is important for the victim to work with a team that is willing to invest in high-quality expert assistance.
What if I’m partially to blame for causing the accident?
When the accident victim did something that contributed to the accident or made injuries worse, the Texas comparative negligence rule may affect recovery. The rule reduces the damages received by a percentage equal to the victim’s percentage of fault. If the victim is found to have the majority of the blame (more than 50%), then the rule prevents them from recovering anything. Defense attorneys will use this rule to try to block or limit your recovery by insisting that you were primarily at fault.
What are some other ways insurance companies will fight my claim?
Attorneys for the insurance company may try to argue that:
- Something that happened after the accident caused your injuries
- Your injuries existed before the accident
- Your evidence doesn’t reveal any actual injuries
- Your injuries were minor and will heal quickly with no lasting effects
This is why it is crucial to have evidence of your injury to fight back. For instance, a neurological expert could testify that symptoms of the injury were not apparent at the accident scene because the symptoms typically develop later after fluid builds up in the brain, causing pressure.
What should I do to protect myself after a car crash?
You need to:
- Get a thorough medical exam as soon as possible
- Return to the doctor if symptoms worsen or new symptoms develop
- Have someone take photos and get names of witnesses
- Refuse to talk to the other person’s insurance company until you’ve gotten advice from an injury attorney
DeKeyzer Law Fights for Full Compensation for Brain Injuries Caused by Car Accidents
The hours and days after a car accident are critical to establishing your ability to recover compensation for your injuries. A knowledgeable Alvin car accident lawyer at DeKeyzer Law can provide advice and assistance aimed at ensuring your full recovery when you or a loved one has suffered brain injuries in a collision. Schedule a free consultation now to get started.
