How do you prove traumatic brain injury in an NH court?

A traumatic brain injury (or TBI) can change a life in an instant, and in severe or permanent ways. However, TBIs are not known as “invisible injuries” for nothing. Unlike broken bones or scars that show up on X-rays and scans, damage to the brain is not always visible. Nonetheless, it can still significantly impact your cognitive ability, quality of life and even personality.

If you or a loved one suffered a TBI due to negligence, there is one question to answer. How can you prove it in court? Proving a traumatic brain injury in New Hampshire requires careful preparation and compelling evidence.

Essentials in PI cases

A majority of injury lawsuits involve negligence. To proceed with a personal injury lawsuit in New Hampshire, you must prove certain factors. Three core pillars determine the foundation and success of any personal injury case.

These are the factors essential to succeeding with your lawsuit:

• Fault (liability): You must prove that the other party owed a duty of care and caused injury due to a breach of that duty. The court will expect evidence that negligence or wrongful action caused your TBI.
• Causation: You need to show that the incident caused your brain injury or affected it by making your condition worse.
• Damages: Your injury led to real losses like lost wages, medical costs and life impacts.

Because TBI symptoms can often be “invisible,” defense teams often focus their challenges on causation and damages. You need to gather solid evidence of how your injury impacts daily life and its connection to the incident.

Determining fault in NH

New Hampshire follows the modified comparative negligence standard to determine fault. This means that your percentage of fault can reduce your compensation. Your role in causing your injuries has a direct impact on damages you can receive. 

However, it is only true up to a point. You cannot recover damages if your percentage of fault is greater than 50%. This can be particularly devastating for you, as catastrophic injuries such as TBI can have a permanent financial impact.

Practical steps

If you are seeking to file a legal claim in New Hampshire, it is crucial to start keeping detailed records of symptoms. If possible, get a comprehensive medical evaluation if symptoms persist. Identify key witnesses who can attest to your condition before and after the TBI. 

The statute of limitations can vary by claim type and circumstances. It is important to contact a legal representative promptly after discovering your injury to avoid missing deadlines.