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Trial Advocacy

The main challenges of pursuing a TBI lawsuit

On Behalf of | Aug 18, 2023 | Traumatic Brain Injury

Catastrophic injuries caused by car crashes, negligent facility maintenance or interpersonal violence can inspire civil litigation or sizable insurance claims. The process of obtaining compensation is so complex that people frequently turn to lawyers for support, not realizing how challenging the matter truly is even for someone with legal knowledge.

Particularly in scenarios where someone has a traumatic brain injury (TBI), the lawyer representing an injured party may have some challenges ahead as they begin to develop a legal case related to the brain injury in question. Why can it be difficult for even experienced personal injury attorneys to handle a brain injury case?

Brain injuries are all unique

People understand that a spinal cord injury leaves someone unable to walk, but they are often less clear about the practical implications of a brain injury. How the media depicts brain injuries isn’t particularly accurate, and so people may have oversimplified expectations about how such injuries present. It can be an uphill battle to educate a courtroom about how brain injuries can produce a vast array of different symptoms, many of which can impact someone’s ability to live on their own or pursue a career. Lawyers unfamiliar with the medical details of brain injuries and their treatments may have a harder time making a convincing case in court.

Establishing the financial impact can also be a challenge

From calculating lost wages and reduced future earning potential to putting together an estimate of future treatment costs, there are multiple steps involved in establishing an appropriate value for a personal injury claim related to a brain injury. Lawyers unfamiliar with the treatment methods used for serious brain injuries and those with minimal experience with catastrophic injuries might underestimate the lifetime financial impact of the injury, which will inevitably make it more difficult to obtain the appropriate amount of compensation for the client.

Attorneys taking on cases that are outside of their area of expertise often need to consult with those who have more experience in that particular area of the law. Recognizing that brain injury cases can be particularly difficult to manage can help professionals to provide a better standard of representation for clients in need of compensation because of a major injury.