Brain injuries (continued)

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.