The Challenges of TBI Litigation
Complexity of Traumatic Brain Injury (TBI) Cases
Traumatic Brain Injury cases are among the most challenging in personal injury law due to their inherent complexity. TBI symptoms can vary widely, from subtle cognitive impairments to more severe neurobehavioral disruptions. The invisible nature of these injuries often makes it difficult to objectively demonstrate their impact on a plaintiff’s life. Furthermore, the long-term effects of TBIs can be unpredictable and may evolve over time, adding another layer of complexity to these cases.
Necessity for Detailed and Accurate Assessment in TBI Claims
Assessing the extent of a TBI accurately is critical in constructing a compelling legal case. Traditional medical evaluations do not fully capture the nuanced neuropsychophysiological effects of these injuries, especially for mild TBIs. There is a pressing need for specialized assessments that can provide a more comprehensive picture of the injury’s impact from a brain health perspective. These assessments must be scientifically valid and able to withstand scrutiny in a forensic context.
Common Hurdles in Constructing TBI Cases for Attorneys
Linking the injury directly to the accident or incident can be extremely challenging, especially when neurobehavioral impairments and symptoms are delayed or gradually worsening, and baseline measures of pre-accident functioning don’t exist.
TBIs can lead to significant non-economic damages like functional deficits, hedonic changes, pain, and suffering, which are challenging to quantify and require detailed documentation and expert testimony.
Given the invisible nature of TBIs, attorneys often encounter doubt from juries, insurance companies, and opposing counsel. Doubt, skepticism, concern for malingering can be barriers in securing fair compensation for clients.
TBI’s are extremely complex injuries that require a thorough understanding to be effectively presented in court. Attorneys must rely on expert insights to navigate these complexities.
OCAT®’s turnkey solutions for TBI litigation are designed to address these challenges head-on. By providing comprehensive brain health assessments, detailed reporting, and expert support, we equip personal injury attorneys with the tools necessary to overcome these hurdles. Our services ensure that the full impact of the TBI is captured and effectively communicated in legal proceedings, aiding in the construction of a strong, evidence-based case for the plaintiff.