Brain Injury What Every Lawyer Must Know
An attorney representing a client with “mild” traumatic brain injury must know the seriousness and far-reaching consequences that are related to this condition.
Your attorney must be thoroughly versed in the literature and must be willing to devote the time and attention necessary to properly represent the victim.
Your attorney MUST KNOW that a person can have a serious, permanent and disabling brain injury, even though:
1. The person is not knocked out at the scene of the accident.
2. The person may be walking, talking and even exchanging his driver’s license at the scene of the accident.
3. The person did not sustain any cuts, broken bones or major injuries in the accident.
4. The person may have a negative MRI, CT Scan or EEG.
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5. The defense doctor, or insurance company doctor, will find that the person is neurologically sound.
6. There was not a “big car accident” and that even a low speed crash can exert sufficient force on the brain to cause a brain injury.
7. That the delay in diagnosing the brain injury is not the patient’s fault, but may be because of the lack of education on this subject by the medical community.
8. That the injured person gave different versions of what happened in the accident, and this is sometimes to be expected because the injured person with a traumatic brain injury is a very poor historian of what happened.
9. That the patient only related two or three problems following the accident and family members and close friends relate twenty or thirty problems, including personality changes.
10. That the person was able to continue with his/her (current) employment but if he/she is given new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
11. That the term “post concussion syndrome” may be traumatic brain injury.
12. That attention and concentration difficulties may mean that the person suffered damage to the frontal lobe of the brain.
13. That personality changes may mean that the person suffered damage to the frontal lobe of the brain.
14. That new symptoms have appeared since the accident and other symptoms have disappeared.
15. That the person has a perfect neurological exam, since this exam does not reveal the neuro-psychological deficits associated with traumatic brain injury.
16. That a diagnosis based upon neuro-psychological examination is founded on the entire battery of tests and the entire examination and not the patient’s answer to one question or a series of questions.
All too often, people suffering “mild” brain injury are not properly compensated because their attorneys did not understand the seriousness and far reaching consequences of this devastating condition.
De Caro & Kaplen, LLP
20 Vesey Street
Phone: (212) 732-2262
Toll free: 1-866-BrainLaw