Law Office of Scott A. Nelson, P.C.

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.

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.