COUNTERING DEFENSES FOR TRAUMATIC BRAIN INJURY

There are mainly two defenses used for Traumatic Brain Injury (TBI) claims. One is that the victim has not suffered a brain injury and the second defense is that the accident was not the proximate cause of TBI. In the first defense that tries to negate the injury itself, the defense lawyer will try to produce expert witnesses such as neurologists, neuropsychologists, and psychiatrists who will try to show the court that the victim has not sustained any brain injury.

Not Telling the Truth

In such an approach the defense lawyer will then go on to allege that the plaintiff is exaggerating the injuries to obtain more compensation, or the problems cited by the plaintiff result from emotional or psychological condition.

Nothing New

In the second defense strategy, the defense lawyer will try to establish that the victim had a preexisting condition that is producing the symptoms, and therefore the accident was not the cause of TBI. Usually, in vehicle accident the defense will mainly attempt to establish that the collision had only a minor impact and therefore it could not have caused TBI.

Added to It

To counter such defenses, it is critical to obtain a comprehensive medical history of the client. Usually, most people focus on the current records, but the records predating the accident are also prudent. From such previous records, it will become quite clear if the person suffered from a previous condition. If the victim had a previous condition then the lawyer will have to design a strategy that will show how the accident has aggravated the existing condition, making it worse.

Credible Help to Bolster a Case

The plaintiff’s lawyer will also have to bring in expert witnesses or the current doctors who are treating the victim, to show the court, that the victim is indeed suffering from TBI and the symptoms are not connected to any emotional problems, and the plaintiff is not exaggerating the condition.