Winning “mild” traumatic brain injury (TBI) cases is much harder than appealing claims where the injury can be seen clearly in diagnostic imaging.
When the injury isn’t visible in diagnostic imaging, it’s your lawyer’s responsibility to build a case that shows your symptoms and the changes you’ve experienced as a result of your accident. Proving these symptoms can be extremely difficult when the (TBI) appears to be minor.
The key to recovering financially from a mild traumatic brain injury (mTBI) is to present a foolproof case with compelling evidence, persuasive witnesses and legal expertise.
Here’s how you can win an mTBI case:
1. Present Yourself As A Credible Victim
Corporate big shots and insurers have criticized America for being a “litigious society”. Claimants are often accused of exploiting the legal system for their own gains. Even jurors are skeptical of victims when they’re unable to see obvious sighs of injury.
2. Gather Witnesses
An experienced lawyer will gather “before and after witnesses”; these are witnesses that can argue that will argue that the plaintiff was different “before and after” the injury. They can speak about changes in mood, personality, behavior, memory, cognition, etc.
Problems such as difficulty in focusing and completing tasks, irritability and memory loss, can help strengthen a plaintiff’s case.
The closer the “before and after” witness is to the plaintiff, the better it will be for the case. Firsthand accounts are more effective at convincing jurors than vague medical test results.
3. Find a Healthcare Professional To Speak For You
Jurors value the word of healthcare professionals. They don’t usually have the expertise and knowledge to make sense of medical tests, but an experienced healthcare professional can help explain the case in laymen terms. Find a medical professional that can prove that that an injury has occurred and that it has impacted the victim.
The medical expert needs to be credible. They must have the necessary qualifications to explain the injury, they must be reasonable and should have the experience to back up the claims they are making.
Having the support of medical experts and specialists is crucial to winning mild traumatic brain injury cases—even more so when the injury isn’t visible on a CT scan or MRI.
Lisa Douglas has a solid background in medicine and worked as a nurse for many years before pursuing a career in law. She now uses her medical expertise to help those who’re denied insurance claims and are struggling to get Social Security Disability Benefits.
If you’re in Little Rock, Arkansas and are looking for a lawyer who can help you win an mTBI case, get in touch with Lisa’s office at 501-798-0004.