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 these qualified experts is key to establishing the existence of the injury, the cause of the injury, and the extent of the damage.
In addition to the injured victim’s treating healthcare providers, the injured victim may need to present testimony from the following experts:
Traumatic Brain Injury Expert: Biomechanical Engineer
A biomechanical engineer will give testimony regarding the mechanical forces generated from a given impact and the probable disruption caused to anatomical regions of the human body. The biomechanical engineer can give an opinion to the jury as to whether or not the subject incident probably caused the victim’s diagnosed traumatic brain injury.
Traumatic Brain Injury Expert: Life Care Planner
A life care planner will give testimony regarding the current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health needs. The life care planner should be experienced with TBI and understand that TBI is a disease process, not like a normal finite injury process. The expert may be certified in life care planning by the Commission on Health Care Certification
Vocational/Economic experts will give testimony about how the deficits the injured victim is experiencing has and will impact their employment by comparing the victim’s earning capacity before the incident to after. The expert may be certified from the American Board of Vocational Experts, International Association of Rehabilitation, and the American Rehabilitation Economics Association.
An Economist will give testimony about the injured victim’s lost future earning capacity, lost profits, and medical expenses. The economist will be qualified to give an opinion as to the present value of the costs.