Choosing a Personal Injury Attorney After a TBI
Brain injuries present special problems for accident victims pursuing lawsuits against the people who injured them, and for their lawyers. Other injuries that cause equivalent disruption in your life — make it hard for you to work, take care of yourself and do what you used to do as a family and community member — tend to be visible and obvious to defendants, judges and jurors.
Traumatic brain injuries (TBI) and mild traumatic brain injuries (MTBI) can be harder to cope with than purely physical injuries, but might not leave a mark.
A personal injury lawyer with experience representing accident victims with TBIs knows how to tell the story of your injury in a way that makes it obvious just how much the TBI has impacted your life and impaired your functioning. You may not show up in court in a wheelchair or with visible scars or an amputation, the sort of thing likely to inspire sympathy in a jury and motivate defendants to settle. Especially in the case of MTBI, the injury may not change your appearance or even show up on most medical imaging.
A brain injury can change your:
- Energy level
- Relationships with family and friends
- Ability to work and to take care of yourself
- Ability to cope with new problems or changed circumstances
- Sleeping habits
Because you don't really have anything to show the jury, you have to be able to tell a compelling story about your TBI. A seasoned personal injury attorney who knows how to represent people with TBIs can help you craft this story. For example, you need thorough, careful neuropsychological testing by a reputable neuropsychologist. You also need a different expert to evaluate whether you can return to work at all, and if so, what sorts of employment are actually available to you and within your abilities.