Understanding the Impact of Brain Injuries in Personal Injury Cases
Brain injuries are traumatic and can inflict a lifetime time of pain and difficulties. They are also sometimes difficult to comprehend from an outside perspective. There are often few outward appearances of injury, symptoms, or disabilities. Because of this, brain injury cases are often undervalued by insurance companies or defendants in personal injury cases. As Kansas City personal injury lawyers with nearly 20 years’ experience, we have handled many brain injury cases. Here are a few things we do to maximize the value of these cases.
The Importance of Objective Evidence in Brain Injury Cases
Get objective evidence. This type of evidence is externally verifiable, as opposed to an individual’s perceptions or feelings. It is generally more probative than subjective evidence and carries more weight. For brain injury cases, objective evidence can be things like MRI’s, CT scans, and other soft tissue imaging studies. An MRI showing a brain bleed or hematoma will greatly increase the value of your brain injury case.
Using Before and After Witnesses to Demonstrate Life Changes
While not as effective as images of a brain injury, having someone who can testify about the effects of a brain injury is also valuable. These witnesses should be familiar enough with the injured party that they are qualified to testify how they were before and after the brain injury. However, it is generally a good idea for your before and after witnesses to be disinterested in the outcome of your case. They shouldn’t have skin in the game. People like spouses, parents, or children should be used sparingly as before and after witnesses. Pastors, coworkers, and friends are often more effective as before and after witnesses.
The Value of Having a Supportive, Knowledgeable Doctor
Find a good doctor. It will be very helpful to have a treating brain doctor testify about the victim’s injury because they usually know more about their patient than one hired just for a brain injury lawsuit. However, treating brain injury doctors are sometimes reluctant to testify for their patients. They may not give the victim any choice in hiring an outside doctor. This is why we advise our brain injury clients to choose a doctor willing to help with their case at the outset.
Contact a Kansas City Personal Injury Lawyer for Brain Injury Cases
If you or your loved one has suffered a brain injury because of someone else’s negligence, please consider contacting my firm. When you need a Kansas City personal injury attorney, we have the experience and resources to get you the most money compensation possible.