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.
Symptoms don't always develop immediately
One common pitfall in personal injury cases involving TBIs is the delayed onset of some symptoms. In order for you to successfully argue a case for personal injury compensation, you need to convince jurors that symptoms that began days or weeks after the initial injury are, in fact, related to the accident or injury.
Without quick medical intervention, swelling, bleeding and bruising of the brain can continue, unchecked, for weeks. That, in turn, can produce worsening symptoms.
The best and strongest cases usually involve a medical evaluation shortly after an accident, such as a car crash or a slip-and-fall incident. However, just because a client with a TBI didn't receive medical care until symptoms worsened doesn't mean you can't help your client recover damages. Working with someone who has experience in building successful TBI cases from the ground up can improve your client's chances of a successful lawsuit.
TBIs can result in permanent injury and disability
There's no arguing against the fact that severe TBIs produce debilitating symptoms. Those who sustain a TBI could have a host of varying symptoms, ranging from issues with motor control and balance to memory loss, mood swings and even personality changes. Symptoms vary in severity, and each patient is unique. What symptoms develop will depend on the location, nature and extent of the injury.
While treatment may reduce the worst symptoms and physical or occupation therapy can help TBI sufferers adjust to the changes in their bodies and brains, permanent disability is common. People with severe TBIs may no longer be able to retain the same job as they did prior to their injury. In some cases, they may also be unable to provide self-care, requiring full-time assistance from a loved one or paid nursing staff.
You don't have to be a TBI expert to win a case for your client
Fully educating yourself about the medical, social and financial implications of a TBI could require weeks of research and education. Thankfully, you don't have to invest the time and energy into becoming a TBI expert just to help one client connect with the compensation he or she deserves.
Working with an attorney who has a solid background in successfully preparing and litigating TBI-related lawsuits can help you build a stronger case for your client.