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Proving damages is critical in severe brain injury cases

| Dec 2, 2015 | Brain Injury

A serious traumatic brain injury is one of the most life-changing events possible. A severe brain injury can affect multiple areas of the body. It can leave a person unable to speak or control their muscles. It can cause serious cognitive difficulties, mental disability and emotional problems. Montana residents who have suffered such an injury often require lifelong medical care and rehabilitation.

In any personal injury case, the claimant must prove two things: liability and damages. Proving liability means proving that the other party was at fault in causing the injury. Proving damages means convincing a jury that the claimant is entitled to compensation.

In a brain injury case, expert testimony is critical to proving damages. Medical experts can testify as to the effect the injury has had upon the victim, and will have in the future. Doctors can testify about the long-term care and rehabilitation the individual will need over the course of a lifetime, and how much it will cost. Vocational experts can testify as to how much the individual could have earned over their lifetime had they not been injured, and how much they can expect to earn with the injury.

At our law firm, we understand the importance of proving the full extent of damages, including future damages, an individual is entitled to in a traumatic brain injury case. We review all of the victim’s relevant medical records and work closely with the victim’s physicians, care providers and others to prepare a compelling case for damages to present to the jury. There is more information about how we attempt to help brain injury victims and their families on our web page.

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