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Do you understand brain injuries well enough to argue a case?

For the typical personal injury attorney, medical knowledge is often a secondary concern. The primary issue for most personal injury attorneys will be establishing legal grounds for bringing a lawsuit against someone who causes injury or harm to other people. After all, that ability is why your client retained your services.

When an injury is visibly apparent, such as a broken bone or a spinal cord injury, it doesn't take much medical knowledge to convince the jury of the injury's severity and the financial impact it may have on your client. When the injury is invisible, as is the case with traumatic brain injuries (TBIs), it can be harder to sway a jury and make them understand the dire impact these injuries can have on a victim.

Helping your client: Preparing the facts for a brain injury case

When you're working with a victim of a car crash, one of the most common injuries leading to a fight for compensation is a brain injury. These injuries occur because of a number of reasons, some of the most common being whiplash and impacts.

To help your client, you need to focus on getting him or her the most out of a settlement. You also need to remember that he or she may struggle with his or her memory and recognition, so you will need to have patience when working with the client. Be prepared to repeat yourself and to explain the situation carefully.

Outside help can make all the difference in a brain injury case

Working as a personal injury attorney requires quite a few skills, including strong powers of persuasion and negotiation. Attorneys working in this highly competitive area of law often decide to focus on certain kinds of injuries or cases. This allows them to accumulate knowledge about the medical, social and mental impact of various injuries. Over time, that knowledge can translate into greater success and larger settlements for clients.

However, this doesn't mean that an attorney who doesn't have in-depth medical knowledge about a specific injury can't successfully argue a case. It only means that he or she may need expert help from an attorney with more specific experience to build the best case possible for clients. For those considering taking on a personal injury case that involves a serious traumatic brain injury (TBI), working with an attorney who understands the medical side of TBI cases can help.

Medical knowledge is critical to successful TBI cases

Traumatic brain injuries (TBIs) are some of the most debilitating and serious injuries people can sustain. There are a host of ways that people can end up with brain injuries, including car accidents, slip-and-fall incidents and even assault and battery.

While TBIs are often quite debilitating, litigating a case involving a TBI can be confusing and difficult. There is a steep learning curve when it comes to the medical implications of an injured brain. In order to help your client, you may need to widen your approach for building and presenting your case.

Build a strong TBI case from square one

In the last few years, the scientific community released a plethora of evidence on the causes and effects of traumatic brain injuries (TBIs). There is so much out there that it can be difficult to sift through the reams of information to cite the most supportive evidence in your TBI personal injury case.

Building a strong case begins with the client interview

Take your trial preparation to the next level

As a practicing lawyer, you've realized by now that there is a large gap between understanding the law in theory and understanding how to tackle a trial. For many lawyers, actually taking a case to trial, especially a personal injury suit, is a bit of a mythical white whale — floating out there in the great oceans of litigation, but rarely encountered.

Now, for whatever reason, you may face actually heading into the courtroom to represent your client. As any successful trial lawyer can tell you, even an excellent understanding of the legislation and precedent rulings that pertain to your case is often not enough to pull out a win in the courtroom. A great trial lawyer also understands and practices the presentation and procedural skills necessary to get to the heart of their clients' stories and avoid losing valuable ground on technicalities.

Need to convince the courts about psychological damage from TBIs?

A lot of research and knowledge goes into a personal injury case involving a traumatic brain injury (TBI). These injuries can impact many different aspects of a victims' lives, from their ability to work their job to memory, personality and overall mood. Many times, the psychological impact of a TBI can be profound.

All too often, attorneys who represent people who sustained TBIs focus only on the physical effects of the injury and not the psychological ones. However, the psychological impact of a TBI can result in significant pain and suffering, to say nothing of medical expenses.

Are exchange transfusion procedures for jaundice worth the risk?

Doctors have long believed that babies suffering from jaundice are at risk of developing traumatic brain injuries. However, the procedure used to treat serious jaundice is highly invasive and poses its own set of risks. The risks include blood clots, unstable blood pressure and bleeding, which can lead to traumatic brain injuries, too.

However, new research indicates that the brain injury risk may be extremely low if a jaundiced baby is otherwise healthy.

How to prepare for a brain injury case

As a personal injury attorney, there may come a point when you're staffed with the responsibility of representing somebody who has suffered a traumatic brain injury.

When compared to other types of personal injury cases, those involving a brain injury require advanced knowledge and a clear understanding of how to move forward in the appropriate manner.


Cohen's Counsel
P.O. Box 465
Bethel, VT 05032

Phone: 802-234-8365
Fax: 602-926-0376

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