There are a number ways to prove a client has had a traumatic brain injury. To determine how severe the damage to the brain is, you might need a medical expert to identify a brain injury. For example, you might have a neurologist, neurophysiologist or maybe a physiatrist who can discuss brain function and how it’s changed.
The other way to prove how damaged their brain was, is by talking to loved ones or friends who can testify to the way the individual was before the injury and how they are after the injury. If they slur speech after the injury, or if there are more subtle changes in their personality that individuals can testify about.
We try to determine what the most compelling testimony is through daily interactions and how that individual’s personality has changed since then. Sometimes we can also use a mechanical expert to if there has been a car accident, to explain where the forces were such that could cause a brain injury.
Q: What kind of experts are you using to establish a brain injury case?
It depends on the type of injury and how the injury occurred. For example, if it’s an automobile accident, we may reconstruct the accident. The type of injury will determine the experts we need to prove liability and how the accident occurred. To prove that a traumatic brain injury resulted, we might use a neurologist or neurophysiologist, or maybe a physiatrist — someone who can demonstrate the causation of the injury and how it affected the brain. We will alsoget the medical records so the experts can make an opinion as to the relationship between the accident and the injury.