If you have suffered a traumatic brain injury as a result of the fault of another you may be confronted by certain defense tactics. Here is a list of some potential defenses:
1. The plaintiff is malingering.
2. The plaintiff is somatoform. (stress or anxiety is causing the symptoms)
3. The plaintiff looks normal.
4. The plaintiff did not hit his or her head and therefore cannot have a brain injury.
5. The plaintiff was not unconscious and therefore cannot have a brain injury.
6. The CAT scan was normal so the brain is okay.
7. The MRI is normal so the brain is okay.
It is important to first define traumatic brain injury. A good definition is:
"Traumatic brain injury is defined as an alteration in brain function or other evidence of brain pathology caused by an external force."
The working group defines altered brain function as 1 of the following clinical signs:
Any period of loss of or decreased level of consciousness;
Any loss of memory of events immediately before or after the injury;
Neurologic deficits such as weakness, loss of balance, change in vision, paralysis, sensory loss, or aphasia; or
Any alteration in mental state such as confusion, disorientation, or slowed thinking.
There are many ways to combat these defenses. One simple method is the lay medical before and after witness. These are people that know the injured party before and after the traumatic event and can describe differences in their behavior. Obviously there is much more to it than just this. So if you have any of these symptoms you should seek an experienced brain injury lawyer </a
Anthony Castelli attorney welcomes your call to discuss for free you concussion brain injury 1-800-447-6549