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TBI Claims

Proving TBI: Making the Invisible Visible

Brain injuries hide beneath the skull. Insurance companies exploit this, claiming your injury is fake or exaggerated. Here's how we build airtight cases that prove what they try to deny.

Key Takeaways

  • Layered evidence wins: No single test proves TBI—we use multiple evidence types together
  • Neuropsych testing is crucial: Objective cognitive testing is often the strongest evidence
  • Before/after testimony: Family and coworkers describing changes in you are powerful

The Evidence Pyramid for TBI Claims

Strong TBI cases stack multiple evidence types. No single piece proves everything—the power is in the combination:

Medical Records

Emergency room notes documenting head trauma, loss of consciousness, or altered mental status. Hospital records, imaging reports, and follow-up visits create the foundation.

Neuropsychological Testing

Comprehensive cognitive testing measuring memory, attention, processing speed, and executive function. Provides objective, quantifiable data on brain dysfunction.

Imaging Studies

CT scans (bleeding, fractures), MRI (structural damage), DTI (white matter tracts), fMRI (functional abnormalities). Each captures different aspects of injury.

Lay Witness Testimony

Declarations from family, friends, and coworkers describing specific before-and-after changes in personality, memory, behavior, and functioning.

Symptom Journals

Daily logs of headaches, cognitive difficulties, emotional episodes, and sleep disturbances. Creates a detailed timeline of ongoing symptoms.

Pre-Accident Records

School transcripts, job evaluations, prior medical records showing normal cognitive function before the accident. Establishes your baseline.

Expert Witnesses in TBI Cases

Complex TBI cases require multiple experts. Each brings specialized knowledge to prove different aspects of your claim:

Neurologist

Medical diagnosis, treatment, prognosis

Confirms TBI diagnosis, explains injury mechanism, projects future medical needs

Neuropsychologist

Cognitive testing, deficit documentation

Provides objective test data showing specific cognitive impairments

Neuroradiologist

Advanced imaging interpretation

Identifies subtle imaging findings others miss; explains DTI/fMRI results

Vocational Expert

Employment impact analysis

Calculates lost earning capacity based on cognitive limitations

Life Care Planner

Future treatment costs

Projects lifetime medical expenses, therapy, and care needs

Economist

Financial loss calculation

Converts lost earning capacity and future costs into present value

Brain Imaging: Beyond Standard Scans

Standard CT and MRI scans miss many TBIs. We use advanced imaging when appropriate:

Imaging TypeWhat It ShowsTBI Relevance
CT ScanBleeding, skull fracturesOften normal in mTBI; used for acute emergencies
Standard MRIStructural brain anatomy, contusionsMore sensitive than CT but still misses diffuse injuries
DTI (Diffusion Tensor Imaging)White matter tract integrityDetects axonal injury invisible on standard MRI
fMRI (Functional MRI)Brain activation patternsShows abnormal brain function during cognitive tasks
SWI (Susceptibility Weighted)Microbleeds, iron depositsDetects tiny hemorrhages from shearing forces

Key Point: "Normal" imaging doesn't mean you don't have a TBI. It means the specific imaging used couldn't visualize your injury. We ensure you get the right scans and have experts who can interpret them properly.

Proving the Accident Caused Your TBI

Insurance companies often admit you have symptoms but argue the accident didn't cause them. Here's how we establish causation:

Timeline Correlation

Symptoms began immediately after or shortly after the accident. Medical records document the mechanism of injury (blow to head, rapid deceleration, etc.).

Pre-Accident Baseline

School records, job performance reviews, and prior medical records show normal cognitive function before the accident. No pre-existing brain issues.

Rule Out Alternatives

Medical experts rule out other potential causes: prior TBIs, substance abuse, psychiatric conditions, etc. The accident becomes the only viable explanation.

Before/After Witnesses

Family and coworkers describe specific, observable changes in your personality, memory, and functioning that appeared after the accident.

Frequently Asked Questions

A successful TBI claim requires multiple layers of evidence: medical records documenting the initial injury, neurological evaluations, neuropsychological testing showing cognitive deficits, imaging studies (CT, MRI, DTI), witness statements about behavioral changes, symptom journals, and expert testimony connecting the accident to your injuries. We build cases that are impossible to dismiss.
Yes. Many TBIs—especially concussions and diffuse axonal injuries—don't appear on standard CT or MRI scans. We use neuropsychological testing to objectively measure cognitive deficits, advanced imaging techniques like DTI (diffusion tensor imaging) that can detect white matter damage, and layered witness testimony to prove brain dysfunction even when structural imaging is normal.
Neuropsychological testing is a comprehensive 4-8 hour battery of standardized cognitive tests administered by a neuropsychologist. It measures memory, attention, processing speed, executive function, language, visual-spatial skills, and emotional functioning. Results are compared to normative data and your estimated pre-injury baseline. This testing provides objective, quantifiable evidence of brain dysfunction.
Causation is established through timeline correlation (symptoms appearing after the accident), medical documentation of the mechanism of injury, comparison of pre-accident and post-accident functioning, expert medical opinions, and ruling out alternative explanations. Pre-accident records showing no prior cognitive issues are powerful evidence.

We Prove What They Try to Deny

TBI claims require evidence that insurance companies don't want to acknowledge. We build airtight cases with the right experts, imaging, and documentation.

No Fee Unless We Win

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