Successfully presenting a mild traumatic brain injury case to a jury is all about demonstration and corroboration. What do I mean by that? Well, if a mild brain injury case is going to trial, it is for one of two reasons. First, the insurance company and its lawyers do not believe that the plaintiff actually has a brain injury. Second, the insurance company and its lawyers do not believe the plaintiff should receive money for many of the future rehabilitative expenses that will be necessary to help the plaintiff successfully recover and live a normal life. So that is the battleground in the case.
They say that “seeing is believing.” When it comes to proving that a brain injury occurred, I do believe in that saying. To win, you must demonstrate the injury to the jury. To demonstrate that the plaintiff does have a mild traumatic brain injury, we use numerous demonstrative exhibits and other visual exhibits (such as photographs) to show the severity of the impact. We also use illustrations and models of the skull and brain, and we have the plaintiff’s doctor visually show the jury exactly where and how the plaintiff’s brain was injured. Every case is different but, in every case, the trial lawyer wins by successfully demonstrating the existence of an injury.
Equally important to the plaintiff’s success is having friends, family, coworkers, and physicians come in to court and tell the jury that they have personally witnessed and observed a change in the plaintiff since the accident. This is incredibly important to a successful case.