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Why Brain Injury Litigation Can Be So Difficult

|Posted on September 21, 2016 in Brain Injury |

Brain injuries can be some of the most devastating and debilitating injuries a person can suffer in a car accident or slip and fall.  They can cause a lifetime of pain, a loss of intelligence or focus, mental illnesses and even, in some cases, premature death. Also, these physical ailments can result in the loss of a job or mobility, and may severely impact the lives and livelihoods of the victim and their family and friends.

While a brain injury can have serious impacts on a victim’s life, it can be extremely difficult at times to litigate. There are so many complexities to brain injury litigation, and the landscape changes every day. Here are some of the main reasons why brain injury litigation can be so difficult.

Science is just beginning to understand the Brain

Modern medicine is beginning to make great advancements in our understanding of the brain and how it works, but the truth is, we’re just getting started. The brain is the most complex of human organs, and one of the most mysterious things known to man. As Well-renowned physicist Michio Kaku describes it:

“The human brain has 100 billion neurons, each neuron connected to 10 thousand other neurons. Sitting on your shoulders is the most complicated object in the known universe.:

That being said, we do know some things for certain. First, the human brain is incredibly delicate. An intense concussive trauma or repeated can have lasting effects on a person. Also, the brain struggles to recover from any trauma. It can take weeks or months of rest for a brain to recover from a major injury, and even then it may never fully heal.

So while we may not know much about the organ that governs our body, we do know how it can be injured, and that is the most important part of a brain injury lawsuit. The Plaintiff and the Plaintiff’s family must be able to show that the injury that occurred from a fall or accident could cause a brain injury.

Brain Injuries are the “Silent Injury.”

Sometimes, brain injury victims may not know they are suffering from a brain injury. It can take a brain injury months or years to begin to show symptoms for the victim. This is one of the most difficult variables in any brain injury case because the longer you wait to begin the legal process, the more difficult it may be to prove the injury or defendant culpability.

If you’re ever in an accident and feel you may have suffered a traumatic brain injury, it is important to try to obtain a CT scan immediately. Unfortunately, these scans are often very expensive and difficult to obtain, especially in lesser populated areas of Kansas and Missouri. Insurance companies will even work to prevent incurring the cost of these expensive procedures.

To prove a long-manifesting brain injury without these scans, the court will require the testimony of loved ones that have seen the progression of your symptoms. You won’t simply be able to show your injury like you would a broken bone. Defense attorneys will try their best to discredit the individual’s claims because brain injuries can be falsified. Look to your closest family members, your co-workers, and friends to substantiate your brain injury case.

There will be Others Standing in Your Way

As we mentioned above, there are other interested parties that may make it more difficult to obtain a settlement in a brain, injury case. Your medical insurance will sometimes try to save cost by avoiding these costly brain scans without absolute proof of need. This can result in an inaccurate or incomplete diagnosis of your injuries.

Also, because brain injuries are so complicated and difficult to diagnose, your doctors may not recognize the symptoms. You may not even be able to articulate or recognize what’s bothering you in the immediate aftermath of an accident. The right medical help at the right time can make or break your claim.

You’ll also want to hire an attorney as soon as possible in an accident and potential brain injury. At Wendt Law Firm P.C., our dedicated Kansas City brain injury attorneys have spent countless hours studying brain injuries and the litigation of such injuries. It’s important to have someone that knows the law, particularly one that knows the law regarding your type of injury, in your corner, and the choice of an attorney is the most important choices you can make. Be sure to hire an attorney as soon as you are able so that you can protect your future from a preventable mistake or accident.

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