How to Prove a Traumatic Brain Injury in a New Mexico Auto Accident Case


October 15, 2018

 by Caruso Law Offices, P.C. | 

How to Prove a Traumatic Brain Injury After a New Mexico Auto Accident

Enough though a traumatic brain injury, or TBI, is a very serious and catastrophic injury, it is sometimes referred to as an “invisible injury.”  This is because a traumatic brain injury may not show up on an MRI, CT-scan, or other imaging study like a broken bone.  Other times there may be no way to prove an injury to the brain, even though it is clear there are significant limitations and complications caused by the TBI after a New Mexico auto accident.  This is why  proving a traumatic brain injury can be very difficult, especially for individuals not using an experienced Albuquerque auto accident lawyer.

Here at the Mark Caruso, our experienced New Mexico auto accident lawyer knows how to use knowledgeable medical experts to establish a traumatic brain injury.  We use leading medical experts to correlate your brain injuries with the facts of your auto accident, establish your limitations, and demonstrate what amount of money is fair and just to compensate you for your pain and suffering, future medical bills, future medical treatment, lost wages, lost earnings, and other damages.  Call us for a FREE consultation to learn how we can help you by dialing (505) 308-1556.

How to Prove an “Invisible” Traumatic Brain Injury

There are many ways to prove a Traumatic Brain injury.  Initially, the easiest is if there are signs and symptoms present on an MRI, CT-scan, or other imaging study.  In cases of very severe damage, these types of imaging studies will reveal damage to the brain resulting in the TBI.  Typically this is in the form of lesions or other irregularities in the brain.  This can be used to corroborate where the injury is and what region of the brain it affects, and what symptoms you are having.

But most TBI cases are not that easy.  These are typically injuries which do not show up on an imaging study.  This means that other evidence is needed to demonstrate how the TBI has caused injury to your cognitive ability.  There are several ways to do this, which include the following:

  • Using a neurological expert who will conduct a neurological examination to assess and pinpoint how your brain was injured;
  • Having an expert compare your prior baseline abilities versus your present, such as your prior abilities at work or on standardized testing versus your present abilities;
  • Comparisons from co-workers as to your abilities prior to the auto accident versus now;
  • Comparisons from family and friends on how your abilities, personality, and life has changed before and after the auto accident;
  • Assessing your memory, speech, ability to think, and relevant IQ;
  • Providing documentation of your medical record, such as severe headaches and migraines after your subject accident and before it;
  • Performing psychological tests and assessments to determine your abilities; and
  • Many other tests.

Using these types of tests can create circumstantial evidence as to your brain injury.  This is because the actual damage to your brain may not be observable on an imaging study, but the limitations may nonetheless be present based on how you function.

Ask Our New Mexico Auto Accident Lawyer to Help You Prove Your TBI

If you have suffered a very serious TBI from a New Mexico auto accident, please call our New Mexico auto accident lawyer at the Mark Caruso today by dialing (505) 308-1556.  You can also Contact us on our website through the easy to use and convenient Contact box located by clicking here.

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