How Do You Prove That the Negligence of Someone Else Caused an Accident That Resulted in a Brain/Head Injury?

One question is, how do you prove that negligence caused an accident resulting in a brain or head injury? Well, we build these cases layer by layer.

First we have to establish the accident happened due to someone else’s negligence. We do that through witness statements, police reports, surveillance footage, and even using accident reconstruction. Then we’re going to connect the accident to the injury through medical records, timing of your symptoms, and expert testimony.

Pre-existing conditions can make things more complex but not impossible. We can show the eggshell plaintiff rule applies. The defendant takes the victim as they find them. If you had a prior concussion and this accident made it worse, you’re still entitled to compensation for the aggravation.

We use before and after medical records, testimony from people who knew you before, and neuropsychological testing to show what changed. The defense will always try and blame prior conditions, but good experts can parse out what’s new versus the old.