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.
That lack of understanding could end up costing your client substantially when it comes time for a verdict in your personal injury case. You should take steps immediately when you accept a client with a TBI to help ensure you can adequately argue their case for compensation, such as obtaining the help of an attorney with experience in TBI cases.
Medical knowledge is necessary when building a strong TBI case
When the jury can't see visible signs of an injury, they may struggle to understand how a client with a brain injury has suffered losses. The victim may look healthy and may not have any obvious external symptoms related to their TBI.
Many times, the consequences of TBI relate to mental function and performance. Issues with cognition, memory, mood, personality and problem solving are all possible. Even one of these symptoms could prevent someone from returning to the same line of work.
Unfortunately for those with TBIs, it is common to experience a mixture of different symptoms related to cognition and function. A person who otherwise looks healthy may, in fact, require daily support just to remember how to properly provide self care.
You don't need to become a TBI expert to argue a case
Brain injuries are severe, but they are also less common than other injuries. While you want to do the best you can for a client who needs compensation to offset the damage caused by a TBI, you shouldn't have to become a medical expert on the human brain in order to do so.
Working with an outside expert who has legal knowledge and experience arguing cases involving TBIs can help ensure that your client receives adequate legal support without the requirement to learn a large amount of new information. Working with an attorney who has a lot of experience in arguing and developing TBI cases can improve your chances of success and may even result in a larger compensation award for your client.