The most complex case a plaintiff’s lawyer can face is one where his client suffers a brain injury as a result of an accident. It is difficult because 9 out of 10 traumatic brain injury cases involve injuries that are not visible to ordinary people. So how will a jury believe that your client suffered a brain injury?
Obviously there are the straightforward brain injury cases where the plaintiff suffered a fracture to his or her skull and all experts agree that there was organic damage which is causing the plaintiff’s symptoms.
The problems lie in the case where the physical damage does not show up on CT scans or MRI’s. The plaintiff often looks normal, and this appearance can be terribly deceptive. He or she may speak well, and this is an even greater problem to overcome. But the brain, like an atom if broken or split, causes an explosion of misery and pain that is horrendous. When the brain is damaged, there is no tool available for the surgeon to come and fix it. We depend on nature and nurture and the ability to compensate.
Family and friends of the person who suffered a brain injury will feel the devastation sometimes as much or more than the injured party.
The overall objective for a lawyer in a brain injury case is to convince a jury that an organic injury has occurred, that it is permanent, and that it is the main reason for your client’s impairment.
As much has been written with respect to proving liability, economic loss and family loss related to a negligence case, this paper is only intended to cover aspects of preparing a brain injury case for trial.
Taking the Case
Agreeing to take a brain injury case is a dramatic investment for a lawyer in many ways.
Finally, the lawyer should satisfy himself or herself that the client has a genuine injury by examining the most reliable evidence. It is essential to speak to the family members and friends closest to your client in order to find out how your client was before the accident. In brain injury cases, you will often hear that your client was high functioning before the collision and now is unable to concentrate in a busy environment. They may also tell you that your client is no longer the same person, lacks motivation and fatigues easily. Finally, you are told that your client’s personality has changed, gets frustrated easily and lacks confidence, traits rarely displayed before this accident.
kindly feel free consult Benson, Bertoldo, Baker & Carter, a personal injury law firm located in Las Vegas for more legal information on traumatic brain injury.