Proving A Head And Brain Injury

WHAT EVIDENCE IS NEEDED TO PROVE A TRAUMATIC BRAIN INJURY? It can be beneficial to submit the following into evidence to prove a head and brain injury: Accident report Scene photographs Ambulance/EMT records and interviews ER records Medical records  Prior medical records Educational records Employment records Drug use history, long term prescription abuse (with brain injuries all the psychiatric evidence will be considered relevant such as arrest and conviction records, employment records) Before vs. after evidence (must show the difference between before the injury and after the injury)  Accident witnesses Collateral witnesses Corroborative medical records  PROVING DAMAGES IN TRAUMATIC BRAIN [...]

Proving A Head And Brain Injury2020-02-12T13:43:50-08:00

Impact On Family In A Traumatic Brain Injury Case

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. [...]

Impact On Family In A Traumatic Brain Injury Case2020-02-05T18:52:44-08:00

Defense Medical Exam In Traumatic Brain Injury Case

DEFENSE MEDICAL EXAM IN TRAUMATIC BRAIN INJURY CASE The defendant's legal counsel will demand defense medical exam in traumatic brain injury case. The Defense will often demand a neuropsychological examination of the injured victim by a neuropsychologist of their choosing to discredit the injured victim.  The injured victim will be required to submit to hours of adversarial examination outside the presence of counsel. Audio taping the examination is permissible, but no attorney or third parties are allowed to be present during the examination.  Moreover, unless the parties agree, leave of Court is required to obtain a neuropsychological examination. However, a [...]

Defense Medical Exam In Traumatic Brain Injury Case2020-02-05T18:19:23-08:00

Pre-Existing Condition In Traumatic Brain Injury Case

WHAT IF THE INJURED VICTIM HAS A PRE-EXISTING CONDITION? Many times when pursuing a personal injury claim for a traumatic brain injury case, the Defense Counsel will try to argue that the plaintiff had a pre-existing condition that included the same symptoms and complaints as the current brain injury that is the subject of the litigation.  In doing so, the Defense will attempt to limit the damages recoverable for the plaintiff in the traumatic brain injury case. In dealing with this argument, the legal doctrines of an “eggshell” plaintiff, exacerbation of a prior condition, and substantial causation are on point. [...]

Pre-Existing Condition In Traumatic Brain Injury Case2020-02-03T18:04:55-08:00

Defense Strategy In Traumatic Brain Injury Cases

WHAT IS THE DEFENSE STRATEGY IN TRAUMATIC BRAIN INJURY CASES?  During litigation to recover compensation for a brain injury, the Defense Counsel may apply numerous tactics to discredit the victim and the injury.  The defense strategy in traumatic brain injury cases can be very aggressive.  Such strategies include: Emphasizing the lack of reporting of the brain injury in early medical records,  Emphasizing the fact that the victim may have said they were okay at the scene of the incident,  Emphasizing the fact that the incident may not have been sufficiently violent, or  Emphasizing the fact that there may be a [...]

Defense Strategy In Traumatic Brain Injury Cases2020-01-31T18:04:02-08:00

Traumatic Brain Injury Expert

WHAT EXPERTS ARE NEEDED IN A TBI CASE? It is important to employ a traumatic brain injury expert to support a claim for TBI.  The existence of the injury, its cause, the extent of the injury, and past and future damages resulting from the injury can each require expert testimony.  Without expert testimony, it is unlikely a jury will be persuaded that the existence and extent of the damage is fact. Effective presentation of these expert witnesses is critical to achieving a favorable outcome.   The injured victim’s treatment may include seeing a neurologist, neuropsychologist, and/or a neuroradiologist.  Being evaluated by [...]

Traumatic Brain Injury Expert2020-01-29T23:54:25-08:00