Proving a personal injury claim that involves a TBI is sometimes an uphill battle. This is because insurance companies want to pay out as little money as possible to satisfy a personal injury claim or a lawsuit. After all, insurance companies are big businesses, and first and foremost, they are concerned only about their bottom line. Therefore, they will do everything possible to deny liability in a TBI case or try to minimize the injury consequences. A knowledgeable TBI lawyer can help you prove the legal elements of your claim and aggressively negotiate with insurance company adjusters. In a TBI case, the injured accident victim has the sole legal burden of proof. If they cannot satisfy their burden, they will not be eligible to recover any monetary damages. The at-fault individual or entity, however, does not need to prove anything in the case. First, the injury victim must demonstrate that the occurrence resulted from someone else’s carelessness, negligence, or recklessness. To prove this legal element, the accident victim’s lawyer may need to retain an accident reconstructionist who can review witness statements, visit the scene of the occurrence, and review incident reports to piece together exactly how the incident occurred. Accident reconstructionists are especially necessary in cases where insurance companies dispute fault for the accident. In addition to proving the liability element of a personal injury claim or lawsuit, the injured accident victim must establish that they sustained a head injury in their accident and their head injury resulted from the accident. To prove this legal element, an accident victim’s lawyer may need to retain a medical expert to testify at a deposition or in court. The expert may be willing to state, to a reasonable degree of medical probability, that the accident in question—and not a preexisting injury or medical condition—caused the TBI. The medical expert can also establish that the accident victim sustained a permanent head injury in their accident. Permanent head injuries often cause the accident victim to experience pain, discomfort, and other symptoms for the rest of their life.