Evidence of Brain Injuries

Brain injuries can be the result of a jolting movement or violent force or even penetration by an object. While a mild traumatic brain injury could temporarily impact your brain cells, a more serious traumatic brain injury could cause torn tissues, bruising, bleeding or physical harm to the brain. Such injuries can lead to long-term complications or death. If you suffered brain injuries due to the fault of another, you should discuss your situation with the seasoned Syracuse brain injury lawyers of DeFrancisco & Falgiatano, LLP. We have more than 30 years of experience securing damages awards and settlements for these difficult catastrophic injury cases.

Your account of what happened that resulted in brain injuries as described through discovery requests, production of documents, deposition testimony and trial testimony is evidence that can go towards building your case. However, other forms of evidence, such as documentation, can also be valuable. In many instances, defendants and their representatives conduct immediate investigation into the accident to try to show that they aren’t liable for a plaintiff’s injuries, and also to determine whether the plaintiff was partially responsible for his or her own injuries.

Eyewitness and expert testimony can be crucial to a brain injury case, particularly one involving catastrophic brain injuries. Eyewitness testimony, also called percipient witness testimony, may go towards establishing negligence, and is one of the main theories that is asserted to recover damages. For example, in a truck accident lawsuit, an eyewitness may be able to corroborate that the truck driver who T-boned your car did not stop at a stop sign and that this failure is what caused your accident and brain injuries. In vehicle accident cases, an at-fault driver may try to provide evidence that contradicts your account to show that you may be to blame for your own brain injuries. Under the doctrine of comparative negligence, your damages can be reduced by an amount equal to your degree of fault.

Additionally, expert witnesses, such as an accident reconstruction specialist may be able to provide testimony that backs up your account of what happened.

It can be helpful to use documentation to establish both liability and damages arising out of brain injuries. For instance, a police report that establishes the culpability of the other driver could be important to proving your car accident case and persuading the jury of the other driver’s fault. Documentation in a medical malpractice or birth injury case involving brain damage could include medical records and rehabilitation records.

Our Syracuse lawyers will need to provide evidence of your damages. To that end, the harm you suffered that we claim must be sufficiently certain. A jury would look at economic losses that are supported by documentation such as receipts and bills, but they will also consider your testimony and the testimony of those close to you when determining your noneconomic losses.

Often, in brain injury cases, there are emotional harms suffered as a result of a plaintiff not being able to live as he or she did before. Noneconomic losses that may be recovered could include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Your family could testify to corroborate that you are no longer able to take care of your children as a result of your brain injuries or that you can no longer enjoy life as fully because your ability to perform certain recreational activities, such as puzzles or sports, has been impacted by your brain injury.

Catastrophic brain injuries can be very difficult to cope with. If you or a loved one suffered brain injuries due to the fault of another, you should call our seasoned Syracuse attorneys to secure the strongest evidence of brain injuries, both liability for them and damages arising from them. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for accident victims, patients, and their families in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.