Top Things an Attorney Should Examine in a Traumatic Brain Injury Case

Douglas E. Chabot

For personal injury attorneys, clients who suffer from a traumatic brain injury can present some of the most complicated and difficult cases to investigate and present to a jury. Some brain injuries are readily apparent due to the severity of the physical impact to the skull and brain or the client’s unmistakable injuries. Other traumatic brain injuries require a more detailed investigation because the signs and symptoms are harder to identify, while the level of impact on an individual’s quality of life is similar. The following are five factors that the attorneys at Rhode Island-based Decof, Decof & Barry, P.C. take into consideration in a traumatic brain injury case.

What is a Traumatic Brain Injury (TBI)?

First, we need to start with a definition of the issue. A traumatic brain injury is an injury to the brain resulting from sudden force of a fall, blast, or other impact. A TBI can range from a mild concussion with temporary loss of consciousness to severe and crippling injuries that leave a person in a vegetative state. Recent research into traumatic brain injuries posits that traumatic brain injuries should be considered as more of a disease that can affect multiple parts of the brain simultaneously, and over a long period of time, rather than as a straight-forward injury such as a bruise or laceration.

Certain facts suggest that a traumatic brain injury occurred

When evaluating the cause of a client’s injuries, we look for any instance where external force caused either a direct physical impact or rapid movement of the head. These circumstances suggest that the individual may have experienced a traumatic brain injury. For example, falls, impacts in car accidents, whiplash, and explosions cause the type of external force that can result in a TBI.

Signs and symptoms of someone suffering from a traumatic brain injury

Traumatic brain injuries are associated with several signs and symptoms. An attorney will consider if a client experienced or reported the following:

  • Loss of consciousness
  • Loss of memory / amnesia
  • Other effects including, but not limited to: altered mental state; reductions in social interactions, reading, demeanor; fatigue; difficulty with complex thinking and even performing daily tasks.
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