Top 10 Questions to Ask a Brain Injury Witness

Brain injury accidents in California

If you are questioning a witness about a traumatic brain injury you need to ask objective medical evidence to prove the brain injury.

A catastrophic brain injury is one of the most devastating events someone can undergo. Whether
caused by a car accident, fall, work place injury, or assault, brain injuries can be life-changing and long lasting. If you or a family member have experienced a TBI because of someone else’s actions, evidence is key in filing a strong legal case and testimony from a witness is an important part of that evidence.

At Beverly Hills Injury Firm we understand you can win big with a good witness, and it can assist your lawyer to win the highest settlement possible for your medical bills, lost wages, pain, and future needs. When it comes to staying ahead and knowing the questions to ask a brain injury witness, you need this information so you can be prepared when you speak to your lawyer.

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#2. Where were you when it happened?

It is fundamental to know where the witness stood and at what angle they viewed the events. It decides if they had a clear, unobstructed view of how effectively or poorly they could see the actions of everyone involved in the incident.

#3. Did you see any warning
signals or unsafe conditions?

Whether the floor was wet, or safety gear was absent, or a driver was careless, a witness who saw the circumstances of the brain injury develop can help prove that the responsible party did not give you a safe setting in which to suffer a brain injury.

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#4. Did any traffic signals, signs or violations come in to play?

Traffic signs like stop signs, red lights, yield signs, or speed limits can also dictate who had the right of way. Inquire whether the witness witnessed any infractions , this could be helpful evidence..

#5. Was the injured person unconscious or confused?

Brain injuries do not always present obvious symptoms right away. An eyewitness account of the victim's unconsciousness, confusion, slurred speech, or impaired gait can be extremely valuable in the documentation of early TBI symptoms.

#6. Was the other party who was responsible for the accident apologetic or did they say anything at all?

Statements made at the scene can be heavy. Ask the witness if the responsible person said something such as, “I didn’t see them,” or “I should have fixed that.” Such statements are evidence of liability.

#7. How was all this handled
by first responders?

If the authorities did respond, ask the witness what they saw and heard from the police, EMTs or firefighters. Their notes may help to demonstrate that the condition of the victim was critical and he needed treatment and this is crucial to proving the extent of the damages.

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#8. Did anyone else witness what occurred?

Unfortunately, witnesses do not always report immediately. If your original witness observed other bystanders near by, their names and contact information could help your lawyer build an even more solid case.

#9. Did the patient report headaches, nausea or dizziness?

These are traditional early symptoms of a brain injury. If a witness heard the victim complaining of these same symptoms, it not only bolsters substantiates medical need for care but that injury claim.

#10. Would you be prepared to make a sworn statement or to talk to my lawyer?

Ask the witness if they’d be willing to give a statement, in writing or on the phone. This is not acceptable and some may even be willing to testify if called in as a witness. A friendly witness lends weight to your version of events and can sway insurance adjusters or a jury.

Navigating the Legal Process

Brain injury lawsuits are complicated, both in terms of medicine as well as law. There are usually high-damages cases, with long-term care, and push-backs by insurance companies. But with strong evidence, including testimony from a credible witness, you can turn your argument into a compelling demand for the full amount of compensation you’re owed.

At Beverly Hills Injury Firm, we have what it takes to bring irresponsible parties to justice in brain injury lawsuits. If you or someone you love has a TBI that was caused by someone else’s negligence, call a brain injury attorney sooner rather than later. Contact us today for a free consultation and allow us to help fight for the justice and settlement you are entitled.

Brain injuries change lives. Beverly Hills Injury Firm can help you get them back.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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