Most of the time this means that a traumatic brain injury lawyer must be able to establish the full extent of the injuries suffered by the brain injured individual.  The injuries must also be shown to have been caused by the accident.  The lawyer must be able to show, through the use of experts, how all of the consequences that have flowed from or will flow from these injuries have affected the individual’s life.

Liability and the Traumatic Brain Injury Lawyer

When liability is at issue, a traumatic brain injury lawyer must gather evidence regarding fault.  The lawyer must rely on legal precedents as who is the liable party in a particular accident or tort, and must be able to argue his or her client’s case for where fault lies, and in what proportion, if there is split liability.

Quantifying a Traumatic Brain Injury

The consequences from a traumatic brain injury need to then be quantified, or given a monetary value, so that all the treatment and rehabilitation, vocational re-training, equipment, accommodation, or anything else required by the individual is properly obtained so as to put the individual in as close to the position he or she would have been in absent the accident.  In addition, all losses of income, both past and future, as well as cost of future care, and other expenses or losses must be accounted for when arriving at the total damages to be awarded an individual with a traumatic brain injury.

To assist in determining the extent of these damages, economists, vocational consultants, rehabilitation therapists, witnesses from the injured person’s own circle of family, friends, and coworkers, as well as others are relied on to give compelling evidence, and to refute or explain any conflicting evidence (if any) of the opposing party regarding losses.

Presenting the Evidence

All evidence must then be properly put before the court.  Even if a case gets settled or successfully mediated prior to going to trial, all of this evidence must be prepared and presented to the other side and/or a mediator, if one is used.

To do all this, a traumatic brain injury lawyer works closely with medical experts, medical treatment providers, vocational rehabilitation specialists, bio-mechanical engineers, private investigators, psychiatrists, and psychologists, among others.

Having the right team in place is imperative.  Evidence is a key factor that a lawyer dealing with a client with a traumatic brain injury must rely on.  Knowing what evidence to obtain, how to obtain it, what this evidence entails with respect to the law, and how to present that evidence are in a nutshell what a traumatic brain injury lawyer does.  Making sure that a client receives the proper treatment is one step in ensuring that an injured individual receives just compensation.

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