Brain injuries (continued)

December 31, 2009 @ 01:19 PM — by sanelson11

Sometimes, the changes in personality in the brain-injured person may be subtle. Thus, the correct diagnosis and assessment of long-term impact may be very difficult to determine in those cases where the injury does not appear to be that severe. As such, the neurosurgeon or neuropsychologist may need to rely on input by friends and family.

Expert testimony can be used to prove the presence of trauma to the brain. Often, the manner of proof is by neurological testimony which is based on examination and treatment by the testifying expert. Evidence from family, friends, employers, etc., of the person’s "before and after" personality is also very helpful in showing loss of ability, personality, or other mental functions. A good resource for attorneys to use is the National Head Injury Foundation, which maintains a list of various states with Foundations, along with a bibliography of useful texts.

Brain injury lawyers must be cautious in attempting to separate the mental aspects of the head trauma from the emotional aspects. The emotional aspects of the head injury may be more severe than the mental aspects. However, a jury may not understand this fact and may look for identifiable explanations. Evidence of the "new and different" person after the accident may help the jury understand the extent of the injury.

Where a person has been severely impaired, the defense may focus more on the economic aspects of the case than the medical issues. However, where the impairment is more subtle, a vigorous defense may be mounted. Jurors are often more sympathetic to persons who have obvious deficits such as loss of memory, intellectual function, speech of cognition.

The families of the injured person often undergo tremendous stress, anxiety and changes as they go through months and years of uncertainty. Family members may need counseling to help them deal with the injured individual. The costs associated with catastrophic illness and injury, such as is found with brain injuries, is enormous and poses additional problems for families who do not have adequate insurance.

 

Contact Texas traumatic brain injury lawyer Scott Nelson if you or a loved one needs assistance. Mr. Nelson serves Houston, Dallas, Corpus Christi and all of Texas.

Brain injuries

December 21, 2009 @ 03:24 PM — by sanelson11

Traumatic brain injury lawyers need to understand that injuries to the head often result in physical, mental and psychosocial damages. This is not the same as "post-traumatic stress disorder." A true head injury action concerns trauma to a person’s head. The damage to the person’s head can affect not only a person’s thinking, but also their emotional condition.

Some commentators have labeled the head injury epidemic as the "silent epidemic". There are ten times as many people suffering head injuries as there are the combined total of muscular dystrophy, multiple sclerosis and spinal cord injuries. Many times the injured person becomes an incompetent, violently aggressive individual.

The results from head injuries can be broadly categorized into three categories. The first is psychosocial changes, which may be even more disruptive than physical impairments. A frequently observed result from a head injury is greatly increased aggressiveness. This is the most difficult symptom to manage, with very little improvement over time. Indeed, the bad temper or aggressiveness can actually get worse over time. This can often have a devastating impact on family members. The mood-disordered patient can also have manic episodes, or become schizoid, psychotic, or anxious. Depression is also very common, as well as self-hate, stealing, bulimia, and inappropriate sexual behavior.

The second category of results from brain injuries is impaired cognitive abilities. Cognition is a blend of memory, thinking and perceptions, which gives a person their own understanding of the world. Divorce often occurs with brain-injured patients. They are extremely difficult to manage because they are very reactive to unspoken anger and tension. There may also be significant memory deficits.

The third category of results from brain injuries is impaired physical abilities. There are many physical abilities which can be impaired after a brain injury. Expert advice in the areas of neurology, physical medicine and psychiatry is needed to deal with the various physical problems of the brain-injured patient.

Contact Texas brain-injury lawyer Scott Nelson if you or a loved one has sustained a brain injury. Serving Corpus Christi, Houston, San Antonio, and all of Texas.

Discovery issues in trucking accident cases

December 16, 2009 @ 01:36 PM — by sanelson11
Tagged with: trucking-accident

Carriers in trucking accident cases often hire biomedical "experts" in defending a case. These supposed experts are hired to look at photographs of the vehicle and the plaintiff’s medical records and state that it was physically impossible for the plaintiff to have been injured severely in the wreck.

These "expert opinions" are the hallmark of junk science. They make untold millions testifying for insurance companies. Their conclusions and opinions are often completely unsupported by the facts of the case. When these "experts" appear in trucking accident cases, it is very important to try to discredit and disqualify them. Juries need to know their biases so they can properly determine a case. Often these experts are both physicians and engineers, so the jury gives them great credence. In truth and fact, they are paid assassins to confuse the jury.

It is extremely important in trucking accident cases to get information regarding the financial ties between the insurance companies and their "experts." When you show a jury that the "expert" makes a fortune from the insurance companies saying the same thing over and over, the jury can understand how disingenuous the opinion is. Lawyers should always share this information with each other rather than trying to reinvent the wheel every case.

Some of the important discovery requests in trucking accident cases are as follows:

1. Maintenance records, trip sheets, fuel receipts and other documents which often show that the driver was driving more hours than shown in the log books or allowed by law.

2. The driver’s qualification file.

3. The driver’s employment file.

4. All drug and alcohol tests, including pre-employment and post-accident results.

5. All driver’s logs (these are often destroyed after six months).

6. Where the driver has been fired, request the employer’s submissions to the Texas Workforce Commission regarding the driver’s unemployment claim. Sometimes carriers who deny that the driver was at fault will tell the TWC that the driver was fired for unsafe driving and causing an accident.

7. Documents which are required to be kept by Part 391 of the Federal and Texas Motor Carrier Safety Regulations, including employment applications, road tests, physical examinations, records of violations and annual reviews of driving records.

 

After a trucking accident, it is also very important to take lots of high-quality pictures of your client’s vehicle. Also, try to take pictures of the defendant’s truck before it is repaired. Photograph the scene and talk to all witnesses and physicians.

Contact Corpus Christi trucking accident lawyer Scott Nelson if you are injured in a trucking accident. Mr. Nelson also serves all of Texas.