NCJ Number
151716
Journal
Trial Volume: 30 Issue: 9 Dated: (September 1994) Pages: 54-57
Date Published
1994
Length
4 pages
Annotation
Lawyers representing a client who has suffered mild head injuries must explore the possibility that the client has sustained mild brain trauma.
Abstract
The first step is for the lawyer to dispel some common myths: (1) a person must have been unconscious or have struck his or her head to have sustained brain trauma, (2) there are always identifiable symptoms of mild brain trauma, and (3) there must be positive findings of brain trauma on X-rays, MRI exams, or CT scans. If the client, during the interview stage, shows symptoms of mild brain trauma, the lawyer should arrange a comprehensive psychiatric, neuropsychological, physical, and speech and language evaluation; and gather all relevant information to prove that the client has indeed suffered that trauma. Any evidence obtained from the comprehensive evaluation and testimony of friends and family should be bolstered by sophisticated neurological tests that can pinpoint the nature and extent of brain injury in order to convince an insurance adjuster or jury of the validity of the client's claims.