Proving Damages in Traumatic Brain Injury Litigation


Traumatic brain injury occurs under a wide variety of circumstances and at various levels of severity. In recent years, the medical problems and premature deaths suffered by a number of high-profile athletes with a history of concussion have focused attention on the physical, cognitive and emotional challenges faced by people whose documented brain injuries were previously thought to be minor.

Any blunt force blow to the head accompanied by loss of consciousness for any period of time, even a few seconds, should be regarded as a serious injury, even if overlooked in emergency treatment following a car crash or if no symptoms are apparent in the immediate aftermath of the accident. The mild or moderate range of traumatic brain injuries can have continuing consequences for the people who suffered them, and the problems are not always immediately apparent.

Brain Injury Symptoms Can Be Subtle

The person who suffered a blow to the head is not always in the best position to notice the extent of the injury. In many cases of relatively mild traumatic brain injury, the symptoms of mood or personality change, impaired function or other problems are first noticed by family members, close friends or co-workers. An experienced personal injury attorney knows how to develop the evidence of a brain injury and the resulting impact on the victim through a variety of means, beginning with thorough medical testing and treatment at various points following the accident.

In a personal injury lawsuit for damages related to brain injury, the issues often focus on the particular nature, severity and duration of the injuries. In some cases, even the fact that the victim suffered a brain injury will be subject to dispute. In other situations, there will be no question that a severe injury occurred, but the prognosis for recovery and the consequences of the injury for the victim will be sharply contested. Even in the most severe brain injury cases, you can anticipate a difficult battle to recover the full measure of compensation necessary to meet current and continuing treatment and rehabilitation needs.

Call 800-223-3352 for Legal Advice About Brain Injury Claims

Proof of brain injuries and the necessary treatment and rehabilitation protocols often requires expert evaluation and testimony. At McEldrew Law in Philadelphia, our decades of experience with complex personal injury litigation have given us access to an outstanding network of neurological, psychological and rehabilitative experts. Their review of your case can make a significant positive difference to your outcome, whether the brain injury was suffered in a motor vehicle accident or instead reflects neurological impairment through medical malpractice.

Contact McEldrew Law for a free consultation with an attorney who has helped people recover the compensation they need in brain injury cases since the 1980s. To learn more about James McEldrew’s experience and record of success in complex personal injury litigation, see his website at

McEldrew Law – Philadelphia Personal Injury Blog