Overcoming Bias in Brain Injury Cases

Posted By Myers & Ball LLP, Posted On: November 25, 2019

The impact of a traumatic brain injury (TBI) after a crash or injury is often significant. Research indicates that the brain takes up nearly 2% of the average adult’s body weight, but uses roughly 20% of all energy consumed by the body. A TBI, even one medically classified as mild or minor, can have major influence on how an individual moves, thinks and perceives the world.

However, despite the fact that a TBI can affect an individual’s quality of life, there is often significant bias against TBI victims in the courtroom.

How Medically Diagnosed Mild Traumatic Brain Injury Cases Are Viewed in Court

When brain injury cases make it to court, victims often have an uphill battle proving the extent and impact of their injuries. It is easier for a jury to see someone with broken limbs or limited mobility and assess the impact of his or her injuries. It is generally more challenging to look at someone with a brain injury—an injury that is often invisible—and feel that he or she is owed compensation after a crash or injury.

Additionally, it can be challenging to prove medically diagnosed mild or minor TBI in court. Many types of imaging equipment do not detect changes in brain activity or function that are relatively small in scope.

Why Misconceptions May Impact Your Personal Injury Case

It is common for opposing attorneys to lean heavily on biased preconceptions regarding TBI victims when building their case. Lawyers often point out that the victim does not appear to be injured and seems cognitively normal. For jury members, these arguments are much easier to understand than clinical evidence demonstrating the extent of the TBI.

Bias against brain injuries can negatively affect a victim’s personal injury case, resulting in a reduced amount of awarded damages. However, there are ways to fight against this bias and hold the negligent party responsible for their actions.

Using Evidence to Fight Back Against Bias

Your personal injury lawyer will explore a variety of tactics to combat bias and demonstrate the effects of your TBI. For example, they may order the use of functional brain scans to demonstrate the changes in your brain function. They may also call in witnesses who knew you before the incident and have seen you undergo changes after the crash.

Expert witnesses are also essential. Healthcare providers with extensive experience in traumatic brain injury cases can show the jury the long-term consequences of your TBI.

Schedule a Free Consultation to Discuss Your Brain Injury Case

The success of a personal injury case, particularly a brain injury case, is dependent on the knowledge and experience of the attorney you choose. At Myers & Ball, LLP, we are dedicated to helping victims get the compensation they deserve after an accident. Call our Newport office today at (423)248-1023 to set up a free initial consultation.

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