Brain Injury Myths Your Brain Injury Lawyer Should Dispel
An attorney representing a client with “mild” traumatic brain injury must know the seriousness and far reaching consequences that are related to this condition. There is nothing “mild” about a mild traumatic brain injury.
Your attorney must be thoroughly versed in the literature and must be willing to devote the time and attention necessary to properly represent an individual with brain damage.
The members of the American Academy of Brain Injury Attorneys understand that any brain injury can have serious, permanent and disabling lifelong effects to the individual.
Every attorney representing victims of brain injury needs to know the following about traumatic brain injury:
1. An individual can sustain a traumatic brain injury even though the person is not knocked unconscious at the scene of the accident.
2. A brain injury can take place even though the victim did not strike his/her head at the scene of the accident.
3. Following a traumatic brain injury, the victim may be walking, talking and even exchanging his/her driver’s license at the scene of the accident.
4. A brain injury can occur even though the person did not sustain any cuts, broken bones or major injuries in the accident.
5. Brain damage may not be detectable by an MRI, CT Scan or EEG study. This does not mean the brain was not damaged.
6. The defense doctor, or insurance company doctor, usually a neurologist, will find that the person has normal gross neurological function. This does not mean she/he did not sustain a traumatic brain injury.
7. A brain injury can occur in low speed car accidents. Even a low speed crash can exert sufficient force to cause a brain injury.
8. Delays frequently take place before a brain injury is diagnosed. There may have been a delay in diagnosing the brain injury because of the lack of awareness of this condition on the part of the medical community.
9. Frequently, victims of brain damage are not aware of all of their deficits. While the victim of a brain injury may be only able to relate two or three problems following the accident, family members and close friends can relate many more problems that they have observed including personality changes.
10. Following a brain injury, a person may be able to continue with employment but if she/he is given new responsibility, promoted, transferred to another job or obtains new employment; he or she may have tremendous difficulty and end up getting fired.
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.