Published on behalf of Proving the nature and extent of a head injury after a slip and fall accident requires detailed investigation into the victim’s medical and personal life. Head injuries, which are common in a fall down accident, can be difficult to prove, especially since head and brain injuries cannot usually be detected through imaging studies like an MRI or CT scan. This is the reason why head and brain injuries can be difficult to prove in slip and fall accident lawsuits. Learn more about head/brain injuries and slip and fall accidents.
How to Prove Head Injuries in a Slip and Fall Accident Case
In cases where the plaintiff has permanent, serious brain injury symptoms, it is important to provide the following:
1. Medical Records and History
In brain injury fall down accident cases, it is crucial to be able to prove that a head injury occurred and that the plaintiff obtained treatment immediately after the accident. Incident reports, eyewitness testimony, EMT and ER records will generally show that a fall down accident victim made complaints of head pain, or may reveal evidence of direct trauma to the head or face. These facts tend to prove that the victim struck his or her head in the accident.
Subsequent medical records from a primary care doctor and specialists should show detailed examinations, symptoms, and in some cases, neuropsychological test results. Eventually, a report from a medical doctor should be obtained, in which the doctor provides a professional opinion – that the head injury was caused by the slip and fall accident.
2. Other Evidence
People with serious brain injuries tend to suffer from major, life altering changes and symptoms. For example, cognitive impairments may prevent the person from returning to their pre-accident job, or personality changes can negatively impact relationships with significant others and family members. These kinds of changes must be documented extensively, through testimony of key witnesses, such as:
- family members,
- friends,
- neighbors,
- employers, and
- co-workers.
Also, physical evidence like photos, diaries, etc. may help demonstrate the extent to which a head or brain injury has affected a plaintiff in a slip and fall accident case. For example, photos of the person before the accident contrasted with photos taken after the accident can highlight the significant impact a brain injury has had, not only physically, but emotionally.
Related articles:
- Tips on What to do After a Slip and Fall Accident
- Pennsylvania Slip and Fall Law – Liability of Stores & Businesses
- Slip and Fall Accidents at Work in Pennsylvania
Philadelphia Slip and Fall Lawyers
The Philadelphia slip and fall accident lawyers at Schwartz & Blackman accept cases in the Pennsylvania and New Jersey area and always offer a free consultation:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.