A traumatic brain injury can change your life overnight. The effects can range from headaches and memory problems to long-term disability, and no two injuries look exactly the same. When another person’s negligence caused your injury, you deserve to be compensated, but proving a TBI in a legal case takes more than a doctor’s word.
If you’ve been hurt in an accident and suspect you have a brain injury, knowing how to build your case from the start can make a real difference. Pemberton Personal Injury Law Firm has helped injured Wisconsinites fight for fair compensation for over 80 combined years. Our team understands the unique challenges that come with TBI cases, and we know what it takes to prove them.
Why Is It Hard to Prove a Traumatic Brain Injury?
Brain injuries are different from broken bones or cuts that show up clearly on an X-ray. A TBI affects how the brain functions, and that is not always visible on standard imaging tests.
Insurance companies know this. They often use the invisible nature of brain injuries to argue your symptoms are not as serious as you claim, or that something other than the accident caused them.
What Evidence Do You Need for a TBI Claim?
Strong evidence is the foundation of any successful brain injury claim. The right combination of documentation, testing, and witness accounts can tell a clear story about how your injury has affected your life. Here are the key types of evidence that matter most in a TBI case:
- Medical records and imaging: Emergency room notes, CT scans, MRI results, and specialist follow-ups are the most important pieces of evidence. Even when imaging comes back normal, records documenting your reported symptoms carry real weight.
- Neuropsychological testing: These tests measure memory, attention, and problem-solving to reveal deficits that do not show up on a brain scan.
- Witness accounts: Family members, coworkers, and close friends can describe changes they have noticed in your behavior, memory, and functioning since the injury.
- Personal records: A daily journal tracking your symptoms and how your life has changed creates a running record that supports your claim over time.
Building a strong TBI case takes time, and the sooner you start gathering this evidence, the better. It is critical to seek medical care right away after any head injury, because gaps in treatment give insurance companies a reason to minimize your claim.
How Do You Prove Liability After a Traumatic Brain Injury?
Before you can recover compensation, you need to show that someone else’s negligence caused your injury. Car accidents, falls, and truck crashes are among the most frequent causes in Wisconsin.
Once the cause is established, your attorney will connect the at-fault party’s actions directly to your injury. This requires linking the accident to your symptoms through medical records, expert testimony, and a clear timeline of your care.
What Compensation Can You Get for a Traumatic Brain Injury?
A TBI claim can account for both the financial and personal costs of your injury. Compensation may include:
- Past and future medical bills
- Lost wages
- Lost or reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term care costs if ongoing support is needed
The value of your case depends on the severity of your injury and how it has affected your life.
How Long Do You Have to File a TBI Lawsuit in Wisconsin?
Timing matters in any personal injury case. Typically, a lawsuit must be filed within 3 years from the date of the accident, and this time period generally applies to brain injury claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline, so it is worth speaking with an attorney as soon as possible to understand where your case stands.
If an insurance company has already contacted you, it is important to know what fighting the insurance company after a TBI really looks like. Early outreach from adjusters often means they are working to limit what they pay you.
Talk to a Wisconsin Traumatic Brain Injury Lawyer Today
Recovering from a traumatic brain injury is hard enough without having to fight for the money you are owed. You deserve an attorney who will build a strong case, push back on insurance companies, and put your best interests first every step of the way.
Pemberton Personal Injury Law Firm works on a contingency fee basis, meaning you pay nothing unless we win. If you have suffered a traumatic brain injury and want to understand your options, contact us today to schedule a free case evaluation.
