Head Injury Litigation

Written by Shirley Parker
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In any personal injury case, head injury litigation involves proving three components of the case in order to obtain compensation for the victim from those responsible for the injury. The first is proving that someone is at fault, that is, proving someone is fully responsible legally for the injury, or at least partly responsible. Second, the victim and his attorney must be able to prove how extensive the injury is. And third, they must prove the legal damages that were suffered.

Whether head and neck injuries are major or minor, they are very complex issues. The attorney handling such a case must have first thoroughly educated himself in the medical aspects. He will need to assemble a great deal of evidence and line up expert witnesses in a variety of areas.

Insurance companies are particularly difficult to deal with when the brain or spinal injury is classified as minor. Even minor injuries to the brain or spinal cord are very disabling, but insurance companies almost automatically refuse to pay the claims on the basis that the patient is malingering and not really hurt at all. A great deal of evidence, including that explaining microscopic damage, must be presented to counteract that attitude. The same holds true when filing for permanent disability under Social Security.

Witnesses Presented by the Law Firm

The lawyer will need to present expert witnesses and be aware that expert witnesses do not always agree. Although each case is different, he will likely need to draw upon the fields of safety engineering, accident reconstruction, biomechanical engineering, and more. He will also need medical experts, including the Neurologist and Neurosurgeon, the Psychiatrist, the Neuropsychologist, various Therapists, and a Life Care Planner. In addition, he'll need a Vocational Rehabilitation Expert to assess loss of future income, and most likely, an Economist to crunch the numbers.


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