Even most severe traumatic brain injury victim patients look 100% normal. This is true of soldiers who sustain traumatic brain injury from blast injuries, and others who sustain traumatic brain injury from a blow to a head after a skull fracture or severe whiplash from a motor vehicle accident. Because traumatic brain injury victim patients usually look and sound the same as everyone else, defense attorneys will often try to fool judges and juries into believing that our traumatic brain injury clients have achieved extraordinary recoveries and should not be entitled to any damages beyond that which is needed to compensate for a short-term negative experience. This is why it is essential for lawyers to fully understand traumatic brain injury victim in the context of the client’s life.
Q: How do you prove a head injury case?
As lawyers, we need to understand the meaning of radiographic films and the observations of neurologists and neuropsychologists, and we need to persuasively explain this type of evidence to jurors who have no background in traumatic brain injury victim or medicine. In addition to being able to effectively present the medical components of traumatic brain injury through witnesses and exhibits, we need to give the jury a comprehensive “before and after” picture of our client in the many contexts of her life. These include work, education, family relationships, friendships, social activity, sleep, recreation, exercise, hobbies, and other passions.
A traumatic brain injury normally impacts the whole person. Each person has unique attributes, skills, likes and dislikes. Our job is to use both lay witnesses (friends, family, co-workers, etc.), expert witnesses (neurologists, neuropsychologists, vocational rehabilitation, physiatrists, etc.) and exhibits to demonstrate how our unique client’s life is impacted by traumatic brain injury.
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