Proving Concussions Without Immediate Medical Evidence

Concussions can create serious health challenges. Nevada lets residents obtain compensation for a concussion that was caused by someone else’s negligence. But, doing so without immediate medical evidence can be difficult.

By going over how to prove concussions without immediate medical evidence, and speaking with one of our brain injury lawyers, you may have an easier time obtaining the compensation you need.

What is a concussion?

A concussion is a mild traumatic brain injury that can prevent your brain from functioning in the manner it is supposed to.

Most concussions are caused by a blow to the head. Some are caused by a blow to your body. Not every blow to your head/body leads to a concussion, but there is a chance that they will do so.

Concussions can be debilitating. Some of the most common symptoms of a concussion are as follows:

• Frequent headaches that return on a regular basis.
• Nausea and vomiting.
• Drowsiness and fatigue.
• A ringing in your ears that persists.
• Blurry vision.
• A sense of being confused, or in a kind of fog.
• Frequent dizziness/the experience of “seeing stars.”

On top of that, the people around you might observe the following:

• Your speech is slurred or becomes slurred at various intervals.
• You look dazed and confused.
• You forget answers to questions that have already been asked/ask the same questions over and over again.
• Your responses to questions are delayed or sound jumbled/incoherent.

Every single one of the above can be a symptom of a concussion. These symptoms can be life-changing.

One example of the above is as follows: if you are in a car accident and get a concussion, you may live with severe headaches. These headaches can prevent you from sleeping, going to work, and feeling happy; among other things.

The state of Nevada lets you file a personal injury claim against those whose negligence has led to you being injured. You can file this claim to obtain compensation. To do so, you may want to work with a brain injury lawyer.

What medical evidence can you use to prove a concussion?

Every successful personal injury claim is rooted in evidence. This evidence must demonstrate the validity of your claims and why you deserve to be compensated as per the state of Nevada’s personal injury laws.

Nevada relies on comparative negligence. This means that even if you were partially responsible for your concussion, you can still obtain compensation for the incident as long as you were no more than 51% at fault for it.

The medical evidence you can use to prove a concussion is as follows:

• Testimony from friends, family, and co-workers who have seen you change due to the concussion.
• MRI and CT scans that prove you have a concussion.
• A police report from the incident, if applicable.
• Expert testimony from neurologists, psychologists, and relevant doctors.
• Hospital/ER records documenting your appointments.
• Statements from your physicians, as well as anyone else who treated you.
• A symptom journal that includes your day-to-day experience of your symptoms.
• Video documentation that demonstrates your day-to-day life with the concussion.

Other forms of medical evidence can be presented. The above are some of the most common.

To actually obtain compensation, you and your brain injury lawyer must use this evidence to demonstrate that it was another party’s negligence that, at least partially, gave you this concussion.

Doing the above is often challenging. But, it becomes especially difficult when there is no immediate medical evidence to tie an event – a car accident, for example – to the concussion that you are currently living with.

Why is immediate medical evidence so important?

Immediate medical evidence is medical evidence you obtain directly after an incident. This incident could be anything; a car accident, assault, or slip and fall, among many other possibilities.

Just as an example, if you are in a car accident and go to the doctor and they perform an MRI scan demonstrating that you have a concussion, it can be easier to tie this concussion to the car accident you just experienced.

On the other hand, if you were in a car accident three months ago and are now experiencing symptoms of a concussion, the other party can claim that this concussion was the result of an incident unrelated to that car accident.

Without any medical evidence from right after an incident, proving that your concussion was caused by that particular incident can be very challenging.

How can you prove a concussion without immediate medical evidence?

To prove that you have a concussion, even though you don’t have any immediate medical evidence, you should try to do the following:

• See a doctor right after you begin noticing your symptoms.
• Undergo a concussion evaluation and hold onto the documentation related to this evaluation.
• Keep a symptoms journal for your day-to-day symptoms - memory loss and dizziness, for example.
• Speak with the people you know/live with and ask them about their observations of your symptoms.
• Hold onto any texts, voice messages, or emails that feature you mentioning your symptoms.
• Take photos/videos of any visible bodily injuries that may be related to this concussion.

The above can be used to prove that you have a concussion, even if you sustained that concussion from an event in the past. To strengthen this evidence, you and your brain injury lawyer may want to think about:

• Working with expert witnesses who can provide testimony that supports your claims.
• Having these expert witnesses clarify that delayed concussion symptoms are not uncommon.
• Bringing on other witnesses who have seen your symptoms present themselves after the incident.

Doing the above can strengthen your claims and, with the help of a brain injury lawyer, make it easier for you to obtain the compensation you need.

Get help from a trusted Personal Injury Lawyer

Our team cares about helping others. For this reason, we have helped thousands of people across Las Vegas and Nevada obtain fair settlements and verdicts for the injuries they have sustained.

By working with us, we can:

• Go over your case to figure out what is possible for you.
• Take care of all the paperwork, documentation, and deadlines.
• Gather evidence and speak with witnesses.
• Negotiate with insurance companies on your behalf.
• Bring your case to court if it is necessary to do so.

No matter what, remember this: we don’t get paid unless we win your case.

Reach out to our law firm today. We are ready to listen to you, guide you, and fight for you. You can call us or use our contact form to schedule a free consultation.