Sustaining a brain injury can alter your life forever in a variety of ways. Sadly, this is something that more than 1.5 million Americans learn the hard way every year after suffering head trauma. Perhaps even more devastating is that fact that most of the accidents responsible for these brain injuries could have been prevented.
If your life will never be the same because someone else’s negligence left you with a brain injury, it’s only natural to want justice. Thankfully, you may be entitled to compensation, so you can at least maintain your financial security in the aftermath.
In order to secure it, though, you’re going to have to build a compelling case against the liable party. Let’s take a look at the kinds of proof that will most likely help you do so:
1. Evidence from the Scene
Whether you slipped and fell at a place of business or you were struck by a drunk driver, evidence from the scene of the accident will strengthen your claim immensely. Such evidence might include statements from eyewitnesses, photographs of the aftermath, and surveillance footage of the area before, during, and after the incident.
2. Official Reports
If police responded to the scene of the accident, they should have filed a formal report. Likewise, if you were hurt at a business establishment, the manager on duty should have written up an incident report. Regardless of how detailed these documents are, they will at least serve as evidence that the incident did, in fact, occur.
3. Medical Records
Every successful brain injury claim is supported by lots of medical records. As the end of the day, the insurance adjuster needs to have a clear understanding of the extent of the damage before they’ll be inclined to negotiate. As such, it’s imperative to save every piece of documentation associated with your treatment. Examples include:
- Diagnostic images,
- Hospital admittance forms,
- Occupational therapy evaluations, and
- Progress reports from every doctor’s visit.
4. Documentation of Damages
If you can’t prove that you incurred actual, recoverable losses as a direct result of the accident, you won’t be entitled to compensation. In California, recoverable losses include medical expenses, the cost of replacement services, missed wages, and lost earning capacity. Naturally, you’ll need all associated documentation to demonstrate the extent of these damages.
California tort law also recognizes non-economic damages like diminished quality of life, mental anguish, and loss of consortium. As for convincing the insurance adjuster of these damages, widely accepted pieces of proof include statements from loved ones, personal journal entries, and psychological evaluations.
Call (562) 206-1939 to Discuss Your Case with a Long Beach Brain Injury Attorney
Your Injuries Are Personal to Me
Putting together a strong brain injury claim is inherently challenging. Fortunately, you don’t have to do it alone. For help with every aspect of the process, turn to the Law Office of Michael D. Waks.
Attorney Waks has been representing accident victims and their families for more than 38 years. Call (562) 206-1939 or submit our Contact Form to schedule a free case review with this Long Beach brain injury lawyer.
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