What kind of evidence can be used to prove a catastrophic injury?

In Tennessee, evidence used to prove a catastrophic injury must meet certain criteria. It must involve a medical opinion that a permanent disability or impairment has occurred. This permanent disability or impairment must be significant and ongoing. Medical evidence such as detailed medical reports and records from diagnostic tests like X-Rays, CT scans, and MRI’s, as well as physical examinations may be presented to show physical trauma, injury, and resulting permanent disability or impairment. Other evidence that may be presented in a catastrophic injury case includes the testimony of friends, family members, and other witnesses who can testify to the victims’ pre-injury physical, behavioral, and emotional state. This can be compared to the post-injury physical, behavioral, and emotional state, providing a clear demonstration of the injury’s impact. Employment or educational records can also be presented to demonstrate the impact of the injury on the victim’s ability to work or attend school. Documentation of prior activities and interests can also be used to show the restrictions of the injury. In addition to these types of evidence, videos, photographs, and written statements may be used to explain how the injury occurred. This can also include proof of the defendant’s responsibility or fault in causing the injury. With all of this evidence, it is much easier for a court to decide if an injury qualifies as catastrophic and to decide how much compensation a victim may be due.

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