Answering this question in specific detail requires knowing all the facts of your case.
The general answer in Virginia, where we practice as personal injury lawyers who take a special interest in helping TBI victims, boils down to showing that the other person was solely responsible for injuring you. For instance, if your TBI resulted from a car crash, you must produce police reports, eyewitness testimony, traffic camera footage and other types of physical evidence that conclusively demonstrate that the other driver caused the wreck.
In another example, a young child’s TBI resulting from a near-drowning could result from failing to properly fence and monitor a pool.
Still different types of evidence will be needed for cases involving medical malpractice, slips and falls, or physical assaults. Consulting with an experienced plaintiff’s attorney will help you understand what you need to substantiate your insurance claim or to succeed with your civil lawsuit.