Florida Personal Injury Firm
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What You Should Know

Traumatic Brain Injury Case

I often have clients who believe that their cases are a “slam dunk.” As a result, these clients fail to fully appreciate the very real risk that the jury will not see it the same way.

This belief is especially common with clients who have suffered extremely severe injuries, such as a traumatic brain injury (TBI), amongst others. To help my TBI clients understand the difficulties associated with their cases, I find it useful to explain the defenses that we’re likely to encounter. Although TBI’s are very serious and prevalent injuries with often tragic consequences, they are largely invisible, and this invisible nature of a TBI presents great challenges for proving not only the severity of the TBI, but, at times, even the existence of the TBI itself.

Defendants will often take the position that my client is simply malingering, or faking, and doesn’t really have a TBI at all. In support of this position, defendants will argue that my client could not have suffered a TBI because the trauma my client experienced was so minimal and because there was no loss of consciousness. The defendants will also focus on the fact that my client was not admitted to the hospital and was instead discharged from the emergency room after a short amount of time, as well as the fact that the results of my client’s diagnostic imaging tests (i.e., CT scan, MRI, PET scan, etc.) were all normal and did not show any evidence of a TBI. If my client performs well on the neuropsychological tests, then the defendants will argue that there’s no way my client has a TBI, but if my client performs poorly on these same tests, then the defendants will argue that my client must be faking.

It’s also common for defendants to focus on the fact that my client appears to be “normal” and does not look or act like someone who has a TBI. To support this argument, defendants may focus on the fact that my client has a normal energy level, or that my client does not appear to be in pain, or that my client was able to return to work. Defendants will even go so far as to secretly obtain surveillance video of my clients looking “normal” while going about their daily activities.

Finally, defendants regularly argue that my client’s symptoms are not caused by a TBI and are instead because my client suffers from a pre-existing condition such as depression, post-traumatic stress disorder, a personality disorder, alcoholism, or even a learning disability. Over the years, I’ve seen many defense attorneys present all of these arguments to juries in a very compelling manner.

As a result, a person who suffers a TBI due to someone else’s negligence must hire an attorney who specializes in TBI cases and is capable of successfully refuting these common defenses, which requires a deep understanding of the medicine and science associated with TBI’s. If you or a loved one suffered a traumatic brain injury due to an auto accident or another type of trauma, give me a call at 850.224.3310 or 407.286.6000 so I can help ensure the jury in your case isn’t fooled by a bogus defense.