Expert Advice When You Need It Most

The Challenges of Litigating Traumatic Brain Injuries

Written by: R. Michael Bomberger

Reputation Level 14

Brain Injury Personal Injury

Posted over 2 years ago. 6 helpful votes, 0 comments

Save

Share with:

How Brain Injuries Differ From Other Injuries

Brain injuries, by their nature, are difficult to prove for personal injury lawyers. Brain injuries do not disfigure a victim, and brain injuries may not show up on standard diagnostic tests such as CT scans and MRI tests. A brain injury victim, in many times the sole witness to the accident that caused the injury, may not remember critical details. Finally, insurance companies and defendants may adamantly deny that a brain injury ever occurred. Despite the lack of physical evidence, however, brain injuries cause disability and can drastically affect a victims’ ability to function normally. Care for permanently disabled brain injury victims can exceed several million dollars over the victim’s lifetime.

Proving the Effects of Traumatic Brain Injury In Court

The impairments and challenges of daily living for brain injury victims paint a powerful picture in court. Witnesses – relatives, friends, teachers, acquaintances, and others – can attest to a victim’s level of function before and after a traumatic brain injury. Brain injuries can cause personality changes, communication issues, memory problems, loss of sensation and muscle coordination. Good brain injury lawyers will retain medical experts in neurology, neuropsychology, neuropsychiatry and psychiatry to help understand a client’s injuries, what caused the injuries and ultimately how the brain has been affected by the injury.

Brain Injuries and Children

Every year, children suffer traumatic brain injuries in bicycle accidents, falls, car accidents, sporting accidents, and as a result of child abuse. Brain injuries are the most frequent cause of death and disability among infants, children and adolescents. Litigating children’s brain injury cases can be even more complicated than litigating adult brain injury cases, because children have not yet reached their peak intelligence. Without academic test scores, grades, and job histories, it can be a challenge to pinpoint exactly how much brain function has been lost. Children’s brain injury attorneys can, however, establish liability for brain injuries by working with neurological and medical experts and others.

Brain Injury Attorneys

Brain injury lawyers are advocates for victims in their families. Attorneys can help victims obtain financial damages for medical bills, lost wages, rehabilitation, pain and suffering, and other accident related expenses. If a member of your family has suffered a traumatic brain injury, consult with an attorney with experience and proven results in brain injury cases. Most brain injury lawyers handle cases on a contingency fee basis – they do not charge a fee unless they win.