What evidence do I need to prove a traumatic brain injury (TBI) in a California personal injury claim?

To prove a traumatic brain injury (TBI) in a California personal injury claim, you must present comprehensive medical evidence and expert testimony that directly links the accident to your injury and its effects. You also need to show how the TBI has impacted your daily life and finances. Here are the steps to gather the necessary evidence: Step 1: Get Immediate and Consistent Medical Care Go to an emergency room or see a doctor immediately after the incident. Be sure to report all symptoms, even if they seem minor, such as headache, confusion, or dizziness. Consistently follow all medical advice, attend all follow-up appointments, and see any specialists you are referred to, like a neurologist. These medical records serve as foundational evidence under the business records rule (California Evidence Code § 1271). Step 2: Document Your Symptoms and Daily Life Keep a detailed daily journal. Record your physical symptoms (headaches, nausea), cognitive difficulties (memory loss, trouble concentrating), and emotional changes (irritability, anxiety). Ask family, friends, and coworkers to write statements describing the changes they have observed in you since the accident. This helps establish damages for pain and suffering under California Civil Code § 3333. Step 3: Obtain Objective Medical Proof Collect all results from diagnostic tests. This includes imaging like MRIs or CT scans that may show physical evidence of injury. Crucially, it also includes neuropsychological testing, which provides objective data on how the TBI has affected your cognitive functions like memory, attention, and problem-solving skills. Step 4: Secure Expert Witness Testimony Your attorney will need to hire medical experts, such as a neurologist and a neuropsychologist. These experts will provide formal opinions, as allowed by California Evidence Code § 801, confirming your TBI diagnosis, explaining how the accident caused it, and detailing its long-term impact on your ability to work and function. Important considerations: Because TBIs are often "invisible injuries," objective evidence and witness testimony are critical. Testimony from lay witnesses (family and friends) can be very powerful in showing how your personality and abilities have changed. Note: Insurance companies often challenge TBI claims, especially mild TBIs, by arguing that symptoms are unrelated to the accident or pre-existing. It is vital to create a clear and unbroken record of your symptoms and treatment from the moment the injury occurred. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney who specializes in brain injury cases.