If I don't remember the accident, how can I prove what happened?

Samantha B. Cohn

Samantha B. Cohn's Answer

Brain Injuryhampton, USA11 years experience

Quick Answer

Even if you don't remember the accident, you can still prove your case with the help of an attorney who can gather evidence and witness testimonies.

💡 Every situation is different. Speak with a lawyer to understand your specific options.

Key risks of waiting too long

Potential Risk

Evidence may be lost if not promptly preserved.

Potential Risk

Witness memories can fade over time.

Potential Risk

Misconceptions about brain injuries might lead to underestimating their impact.

Potential Risk

Delaying seeking legal help can jeopardize the case.

Full Transcript

Below is an AI-generated transcript of the video answer.

Another good question that people ask here in Virginia is what happens if I

don't remember the accident? Can I still prove my case? How do I prove my case? And

this is where it's really really important to get a lawyer involved as

soon as possible because if you don't have a memory of the accident we're

going to have to build that case through evidence and testimony of other people

and those memories fade and that evidence may not be preserved. But this

is an issue that we come across a lot at the Smith Law Center and the Brain

Injury Law Center in Hampton. So I think there's this misconception that when

people have a traumatic brain injury they have to be like knocked unconscious

and completely passed out cold and that's not true. You can have a

concussion, a mild traumatic brain injury and your brain simply checks out. You

could still be walking around and functioning but you're gonna have a

lapse or a gap in time and may not recall you know a little bit of a period

before the accident or afterwards. So in cases like this it's important to get an

attorney involved because there may be camera or video of businesses around or

we have to get in touch with the first responders and emergency personnel.

Going back to the videos that businesses have they usually rewrite themselves and

so we have to send out special certain communications to make

sure those are preserved. We would talk with the medical staff.

There are possibly witnesses to the accident. So while it's most certainly

not ideal it's very commonplace sadly and not terribly difficult to still

prove your case even if you don't remember what happened. But again that's

why it's super important to get an attorney involved as soon as possible to

make sure all of that evidence is preserved and statements are received or

statements are obtained before memories fade.