KPM Law Blog

Traumatic brain injuries can have devastating consequences for its victims and their families.  The severity of brain injuries can vary greatly ranging from very severe brain injuries causing coma or even death to mild traumatic brain injuries or concussions that may result in temporary symptoms of short-term memory loss or problems with focus and attention.  Although some traumatic brain injuries are classified as "mild," they can actually have significant, and sometimes permanent, effects.  The problem is that many symptoms associated with MTBI are subtle and therefore, many people who have suffered this type of brain injury go undiagnosed.  Typically, people who have suffered from a MTBI or concussion will have very short periods of a loss of consciousness or no loss of consciousness at all.  In addition, traditional diagnostic testing such as CAT scans and MRI's will generally not show the subtle changes of the brain that occur with MTBI's. Because there is frequently no "objective" medical evidence of a MTBI, brain injury litigation most often centers around cases where a victim suffers a MTBI rather than a more severe and obviously debilitating brain injury.  

Many people with mild brain injury may suffer from a multitude of symptoms including short-term memory loss, loss of focus and attention, depression, irritability, anxiety, headaches, problems with hearing, problems with language, confusion, balance difficulties and other physical, cognitive and behavioral changes.  These symptoms can cause people to lose the ability to function normally, both from a professional and a social perspective.  Because of the possible devastating effects of such an injury, and the difficulty in "proving" during the course of brain injury litigation that a very real injury exists, it is important to obtain thorough evaluations, treatment plans and rehabilitation from a variety of health care providers with different areas of specialty.  Typically, plaintiffs who have suffered mild traumatic brain injuries will be evaluated by a neuropsychologist who will do a battery of tests to determine the areas of cognitive and psychological deficits.  Plaintiffs will also be evaluated by medical doctors such as physiatrists, neurologists or neuropsychiatrists who can diagnose the injury, determine the effects of the brain injury and develop an appropriate treatment plan.  Plaintiffs also may need the assistance of physical therapists, occupational therapists, speech therapists, audiologists, vocational counselors and others depending on the extent of the deficits and the symptomatology.  Many of these experts will be needed to provide opinions and testimony at trial in order to establish the existence of the injury, the effects of the injury and the cause of the brain injury.  It is also very important to show how the plaintiff has changed as a result of the brain injury.  This can be established through the testimony of friends, family members and co-workers who have noted changes in the plaintiff's behavior since the injury.  

During the course of brain injury litigation, defense counsel will thoroughly investigate the plaintiff's injury claims by delving into the plaintiff's prior medical and psychological history, academic background, employment background, etc.  Defense counsel will also hire their own experts to examine and evaluate the plaintiff and to provide opinions as to the nature and extent of the plaintiff's injuries.  The plaintiff may have to submit to one or more lengthy evaluations by a neuropsychologist, neurologist, psychiatrist, or other medical doctor or doctors.  The plaintiff may also need to be interviewed by vocational counselors regarding his or her capacity to work.  

Brain injury litigation is complex and can sometimes be very time consuming, stressful and expensive.  However, given the severity of the potential consequences of such an injury, it is important to have an experienced brain injury attorney who is familiar with the medical and legal issues involved in brain injury litigation to assist an injured victim in getting the appropriate treatment he or she needs and in thoroughly preparing the case to ensure that the victim obtains the recovery that he or she deserves.