Must Know Facts for Every Brain Injury Lawyer

Here are some simple facts that every brain injury attorney must know:

Did you know that a person can have a serious, permanent and disabling traumatic 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.
5. The defense doctor, or the insurance company, will find that the person is neurologically sound despite future findings of brain damage.
6. There was not a “big car crash” and that even a low speed or low impact car crash can exert sufficient force on the brain to cause a traumatic brain injury and resulting brain damage.
7. That the delay in diagnosing the brain damage is not the patient’s fault, but may be because of lack of education on this subject by the medical community.
8. The injured person gave different versions of what happened in the car accident. This is sometimes to be expected, because a person with a traumatic brain injury is a very poor historian when it comes to recalling the facts.
9. The patient only related two or three problems following the car crash and family members and close friends relate twenty or thirty problems including personality changes.
10. The person was able to continue working, but if he/she is given a new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
11. The term “post concussion syndrome” may mean traumatic brain injury.
12. Attention or concentration problems following an accident may mean that the person suffered traumatic brain injury or brain damage.
13. Changes in personality or behavior following an accident, may also mean that the person suffered a traumatic brain injury
14. New brain damage symptoms may appear days, weeks or months following an accident.
15. The person has a perfect neurological exam, since this exam does not reveal the neuropsychological deficits associated with traumatic brain injury.
16. The diagnosis of traumatic brain injury, closed head brain injury, or brain damage is based on the entire battery of tests and the entire examination and not the patient’s answe