Advice for Brain Injury Attorneys

A brain injury is a Very serious and very real injury, yet it is quite tough for lawyers to establish in court. Juries cannot see a brain injury, and the diagnostic testing will often be normal, even if the impairments are disabling. This contributes to brain injury accident victims being routinely under-compensated as insurers decide to defend these cases more aggressively in court. Another common Issue Is that lots of injury lawyers often do not understand how multiple injuries can influence, and exacerbate the symptoms of a traumatic brain injury. This interplay from several injuries – that is very common after a severe car accident – triggers combination effect on the collision victim, as all these injuries affects and frequently makes worse other accidents. This generates the vicious downward spiral that leads to so many severely injured accident victims to deteriorate over time.

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Think of it as the combination effect of multiple injuries causing a vicious interplay of symptoms from a brain injury, other bodily injuries, fatigue, depression and pain – all affecting one another and making each one worse in turn. As many doctors who treat numerous injuries and chronic pain will say, when people have multiple accidents, problems go up by multiplication, not by addition. With several injuries, regrettably, 1 + 1 does not always equal 2. Many accident victims start to deteriorate under this vicious downward cycle of accidents exacerbating another and the continuous pain, fatigue, and lack of sleep, making everything worse. It is well accepted in Medical and scientific literature that individuals who suffer traumatic brain injury often suffers from depression. Many defense physicians accuse injury victims of malingering by touching the impact that depression, or chronic pain or both will have on somebody who also has this sort of injury.

Yet these are a lot more reasonable explanations for why an accident victim will perform worse over time on repeat neuropsychological testing, or in life, rather than improving as such defense doctors always anticipate. Lang, Iverson, and Rose undertook a study to examine the effect of depression on Post-concussion symptom reporting and patients after mild traumatic brain injury and check it out. These researchers confirmed that individuals with mild traumatic injuries, concussions AND melancholy experienced considerably more post-concussion symptoms; and that these concussion symptoms were more serious than people who suffered with depression and people who suffered traumatic brain injury.

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