In most brain injury cases the survivor looks and acts normal, or at least is perceived this way by the jury in the courtroom. Since this can often be an “invisible injury” there is a need for “before and after” witnesses. These witnesses who have known the survivor both before and after the injury can explain how the victim is now a different person. In such cases witnesses can include coworkers, family members, and friends. The supervisor can make a very effective witness. She can offer examples of how the survivor has changed and what conditions in his or her workplace have been adversely impacted.
Oftentimes a family doctor who has treated the patient for years prior to the injury can best explain their observations of the level of cognition and ability of the survivor. These witnesses will be able to testify as to changes in short-term memory, attention and concentration, ability to multitask, mood changes, headaches and other disturbances. The use of concrete examples will be most effective.
The use of demonstrative evidence can also be helpful in brain injury litigation. These include the use of MRIs and diagrams of surgical procedures which will help correlate injuries with the traumatic event. This is even more important for cases with less severe brain injuries where the defense will try to deny the injury altogether.
At Feroleto Law we have experience handling brain injury cases. We can assist in the proper preparation of your case and provide the foundation needed to bring a successful claim. Please call the attorneys at Feroleto Law so we can assist you today.