Traumatic Brain Injury Cases


Traumatic brain injury (TBI) and soft tissue cases are always difficult to navigate because of their subjective nature. Often referred to as “invisible injuries”, closed-head injuries can’t be seen with the naked eye and sometimes don’t even show up well on medical imaging film. That’s where a settlement documentary can help convey damages. Powerful storytelling can benefit any type of case, even if the injury isn’t visible.

Video medical statements are very helpful in describing the injury from a clinical standpoint. These statements would typically come from family physicians, physical therapists, or pain management specialists in cases involving soft tissue injuries, and from neuropsychologist reports in TBI cases. Beyond that, we have found interviews with before-and-after (B&A) witnesses and various benchmark indices to be very helpful.

traumatic brain injury case patient.

Jerry was a successful salesman before his TBI. B&A testimony describes Jerry as a well-oiled sales machine. Jerry knew names, put together proposals, followed up, and was a great guy. After the TBI, Jerry’s professional life is reduced to Post-It notes on his telephone. He gets irritable with his clients and has lost several accounts. Unbeknownst to his employer, several co-workers are doing their best to cover for him; otherwise Jerry would lose his job. The benchmarks in this case are the various aspects of Jerry’s pre-injury sales performance. That is, the specific skills that made him such a successful salesman before his injury – to which his post-injury performance problems can be compared.

An interview with a member of Jerry’s bowling team explains he can no longer keep track of scoring, something he had easily done prior to the injury. His wife explains he’ll often call home from the grocery store because he can’t remember the three things he went to buy. His neighbor describes Jerry’s Jekyll & Hyde demeanor and how Jerry doesn’t leave the house much anymore.The neuropsychologist ties these lay witness accounts together with testing and explains how this is consistent with the type of brain injury Jerry suffered. He refers to Jerry’s MRIs which show bleeding in his brain.

MRI scan for traumatic brain injury case


Soft tissue injuries are presented in much the same way. Despite the lack of “objective findings” in these cases, there is often plenty of anecdotal evidence to move the damages well into the “more probable than not” category.
By using a professional settlement documentary, plaintiff attorneys are well-equipped to maximize settlement demands and get the compensation their client deserves.
Do you have a client whose story needs to be told? Since 1994, Image Resources, Inc. has influenced the recovery of $1 Billion by plaintiffs across the country.  Learn more about our settlement documentaries here. Call or email us to discuss your case today!


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