Presenting a Subtle Brain Injury Case in Court
Upstate New York Brain Injury Attorneys
Presenting the Effects of a Subtle Brain Injury in Court
Life in the 21st century is moving at a rapidly accelerating pace. We are expected to do more — increasingly more — in a shorter period of time. We must prioritize our time. Multi-tasking is essential to get through the day. We are inundated with information, often in cryptic formats, such as text messages.
All of this speaks to the need for higher level thinking skills to handle the complexity of daily life — and especially work life. As a consequence, even subtle brain injuries can be disabling, more disabling than in the past.
The challenge a lawyer faces when bringing a subtle brain injury case to court is to overcome the cynicism of the jury and the insurance company. It's not uncommon to hear someone say, after a brief interaction with a person who has sustained a subtle brain injury, that:
"He looks normal." "She can answer questions without difficulty." "He is back in high school." "She's in her old job making as much money as before." "Everyone is looking to blame someone else for their own problems. We all have problems. Get over it."
Our job as personal injury attorneys is to demonstrate to the jury the ways in which a subtle brain injury is more debilitating than it first appears to be. This is a serious injury and people who have suffered it deserve fair compensation.
At Powers & Santola, LLP, we understand juries — how they think and how they learn.
- We know what people will and will not understand in a short period of time and the ways in which people learn new information best
- We present information in multiple formats: charts, videos, anatomical models, computer simulations
- We keep presentations interesting and entertaining, informative and to the point
We present a clear, compelling case by:
- Using before and after evidence, such as comparing standardized test results
- We let the jury hear what people close to the injured person have to say about before and after changes
- Have the patient examined by the appropriate experts to identify the subtle brain injuries, recommend treatment strategies and quantify the losses caused by the deficits
What if everything appears normal — even though it isn't? We know that no one wants to view him or herself as having "deficits," so most of us engage in denial. This is especially true for people with brain damage. Coworkers may be "covering" for the injured person, allowing him or her to perform less demanding work. Teachers work to minimize deficits whenever possible and prefer to not "label" their students.
We understand that it's going to be necessary to dig deeper to get the real picture. We have the staff, the knowledge and the resources to do so.
Contact Us
To learn more about how a personal injury attorney at Powers & Santola, LLP, can help you achieve financial recovery for a brain injury, contact us online or call toll-free at 866-689-9692 to schedule a free initial consultation.
