Are brain injury cases difficult to prove?

Yes, brain injury cases can be difficult to prove in North Carolina. This is due to the fact that brain injuries are not always visible or readily identifiable, even with medical tests. It can be challenging to establish a valid cause-and-effect relationship between the injury and damages incurred due to the injury. In addition, brain injury cases often involve complex medical evidence, so the plaintiff must present clear and convincing evidence of the injury and its cause in order to prove their case. This can include testimony from medical experts, CT scans, radiology reports, and medical records. The plaintiff must also establish that the injury was caused by the defendant’s negligence or intentional act. Brain injury cases can be further complicated if the injury was caused by a medical professional, as these cases typically involve medical malpractice. There is a high burden of proof for these cases, as the plaintiff must establish that the injury was caused by the medical provider’s failure to follow accepted standards of care. This requires intense medical research and analysis. Ultimately, brain injury cases can be difficult to prove in North Carolina due to the numerous complex legal and medical issues that must be addressed. While it is possible to prove a brain injury case, it requires a significant amount of resources, research, and legal expertise.

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