How Attorneys Can Recognize and Present a Traumatic Brain Injury Case

Unlike a case of a broken bone that might easily be seen on an X-ray, traumatic brain injury (TBI) cases are often much more difficult to diagnose and ultimately present to a jury. Having worked on many of these types of cases—first as a trial attorney, now as a consultant and litigation graphics expert—I developed the following tips and embedded a couple of sample animations below to help other attorneys better recognize a TBI case and prepare it for mediation or trial.

At a recent Consumer Attorneys of California annual conference in San Francisco, attorney Bruce Stern gave a talk on “mild” traumatic brain injury cases, which are often referred to as a concussion, and he made the point that attorneys often overlook the long-term effects of these injuries. One of the reasons cited is that the signs of such injuries can be quite subtle, and they require specialized neuropyschological testing in order to confirm.

However, there are ways attorneys can help to diagnose and present these type of cases. (more…)