A broken bone shows up on an X-ray. A brain injury often does not, even as it disrupts memory, concentration, mood, sleep, and the ability to work. Even a concussion may not appear on routine imaging, so proving its impact often requires a clear record of the symptoms, treatment, and changes that followed the accident.
Medical Records That Connect the Injury to the Accident
Seek medical attention promptly. Some brain injury symptoms appear immediately, while others develop over the next several hours or days. Delaying treatment may threaten your health and allow an insurer to argue that the injury was unrelated to the accident.
Useful medical documentation may include:
- Emergency room and ambulance records
- CT scans, MRIs, and other test results
- Diagnoses from neurologists or other specialists
- Rehabilitation and therapy records
- Prescription information and treatment plans
- Medical bills and health insurance statements
Tell your providers about headaches, dizziness, confusion, memory problems, light sensitivity, sleep changes, or emotional difficulties you experience. Do not exaggerate your symptoms, but do not minimize them either.
Evidence Showing How the Accident Happened
Medical records can help establish the injury, but you also need evidence connecting it to the accident and showing who may be responsible. That evidence could include photographs, videos, police or incident reports, witness information, vehicle damage, or surveillance footage.
Preserve damaged clothing, helmets, or other physical evidence. After a car crash, obtain the other driver’s insurance and vehicle information. After a fall, photograph the unsafe condition before it is repaired or removed, if you can do so safely.
Rhode Island follows a pure comparative-negligence rule. Your compensation may be reduced by your percentage of fault, but sharing responsibility does not automatically prevent a recovery. Clear evidence becomes especially important when the parties disagree about what happened.
Records Showing How the Injury Changed Your Life
A symptom journal can capture difficulties that may not be obvious during a brief medical appointment. Rather than simply listing symptoms, describe how they affected you: the meeting you could not concentrate through, the recipe you forgot while preparing, or the drive you cut short because you became dizzy or confused. Note missed events, disrupted sleep, medication side effects, and tasks you now need help completing.
Statements from relatives, friends, coworkers, or caregivers can provide additional context. Someone who knew you before the accident may notice personality, memory, or behavioral changes that are difficult for you to explain.
Employment and Financial Documentation
If the injury has affected your work, keep pay stubs, tax returns, attendance records, disability paperwork, and employer communications. A claim may include lost wages and diminished earning capacity when lasting symptoms limit future employment.
Also retain receipts and invoices for transportation, medical equipment, home assistance, therapy, and other accident-related expenses. Records concerning anticipated care may be as important as bills already incurred.
Insurance Communications
Save letters, emails, claim numbers, and notes from conversations with insurers. Be cautious about signing broad medical authorizations or accepting an early settlement before the extent of the injury is known. Once a claim is settled, you generally cannot seek additional compensation if symptoms persist or further treatment becomes necessary.
Do Not Wait to Start Collecting Evidence
Rhode Island generally allows three years to file a personal injury lawsuit, but waiting can still put your claim at risk. Some cases have much shorter notice requirements. For example, if a defective municipal highway, causeway, or bridge caused the injury, you may need to provide written notice to the responsible town within 60 days. Because the applicable deadlines depend on how the accident happened and who may be liable, it is important to have your claim reviewed promptly.
Talk to Corrao & Robles About Your Brain Injury Claim
A strong brain injury claim requires evidence showing how the accident happened, how the injury affected your life, and what care you may need.
Before signing a medical authorization or accepting an early settlement, let Corrao & Robles review your situation. We can identify missing evidence and help you pursue compensation for medical expenses, lost income, pain and suffering, future care, and other accident-related losses. Contact us today to talk through what happened.
