The consequences of a traumatic brain injury (TBI) transcend physical scars. It also includes significant mental changes, such as memory loss, mood swings and fatigue. Because of this, you begin to doubt whether lawyers and insurance companies will believe your condition.
In New York, this fear is valid when you have a complex medical history. However, fighting for your case is possible.
Proving serious injury under state law
Under New York law, there are nine specific ways the courts can classify an injury as serious. For TBI cases, these often apply:
- Permanent consequential limitation of use: If your brain no longer processes information or regulates emotion correctly, that is a permanent limitation.
- The 90/180-day rule: If your injury stops you from performing substantially all of your daily activities for 90 out of the 180 days following the accident, you meet the threshold.
Simply providing personal testimony is not enough. TBIs often face the challenge of proving invisible symptoms with objective data.
Gathering objective evidence
Having a factual paper trail is your best course of action in proving your internal injuries. These can offer more context to your condition:
- Results from a neuropsychological exam can show the severity of your memory loss
- Testimonies from loved ones and colleagues to further illustrate the differences in your behavior before and after the injury
- Notes from your treating physician and vocational rehabilitative expert to demonstrate your inability to maintain a full work schedule
Unfortunately, even with objective proof, insurance companies can use the malingerer defense. Because your imaging scans appear normal, they can argue that you exhibit no injuries.
Validating your reality in court
Navigating the intersection of medical science and New York’s complex liability statutes is a heavy lift. Seeking legal counsel to translate your invisible symptoms into a visible, undeniable legal claim can make all the difference in how the court perceives your story.