THE IMPACT ON FAMILY IN A TRAUMATIC BRAIN INJURY CASE: FAMILY MEMBERS AND FRIENDS ARE BETTER TO TESTIFY TO THE BRAIN INJURY VICTIM’S CONDITION
The impact on family in a traumatic brain injury case is significant. The injured victim is in fact brain injured and may not be able to testify to the full extent of their condition. The family members and friends can testify to the the injured victim’s work ability, affect on life, symptoms and complaints of the injured victim. The family members and friends can also testify as to how the injured victim’s condition also affects them. The family members and friends should be able to tell stories and personal accounts about these facts.
LOSS OF CONSORTIUM CLAIM
If there is a traumatic brain injury and the victim has a spouse, a loss of consortium claim should be asserted. This will allow evidence from the spouse’s perspective admitted into evidence whereas without the loss of consortium claim the same evidence may not be admitted.