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Head Injuries

Closed head injuries are some of the more difficult issues to deal with in accident cases. Depending on the extent of the trauma, both cognitive and emotional issues may arise. Symptoms such as body movements, unclear speech, facial tics, violent episodes, and even incompetency may be the result of serious closed head injuries.

A client with a closed head injury may demonstrate anti social behavior including increased aggressiveness which can be difficult for the medical provider to treat effectively. Inappropriate temper outbursts and mood swings are likely to occur in many cases. The inability to control anger impulses has not only an effect on the client but also the entire family. Another aspect of a closed head injury is a degree of loss of cognitive ability. Ability to relate to other people becomes impaired. Management of patients becomes complicated. Loss of short term and/or long term memory makes it difficult to relate as well. Finally, there can also be significant loss of physical abilities as a result of closed head trauma. This can affect virtually any part of the body and may involve intervention of various medical providers such as neurologists, neuropsychiatrists, physical medicine specialists or other specialists.

Sometimes the diagnosis of closed head injury is difficult because the changes may be difficult to observe unless they are gross changes. The experienced attorney will present testimony about a client before the injury as well as after the injury to attest to the changes observed. Expert testimony will also be required. It is important to establish both the mental and the emotional aspects of the claim. The more the attorney can prove ascertainable injuries the better jury appeal the case will have. Deficits such as loss of speech, memory, intellectual function, or cognition have a definite impact on a jury.

A closed head injury does not require a direct blow to the head. A severe whiplash is likely to cause closed head injury as well. The brain can be jostled back and forth inside the skull which can cause injury. The protective fluid inside the skull can be moved back and forth causing irritation to the brain. The biomechanical aspects of the brain injury can be different for different clients.

Simple x-rays will not demonstrate brain damage since the brain is made up of soft tissue. A simple x-ray will demonstrate damage to the skull only. Unless there is significant bleeding or swelling, soft tissue damage is indeed difficult to diagnose even though present. A CT of the brain or MRI of the brain might then be the diagnostic tool of choice.

In addition to the damage done to the individual, the experienced attorney will also develop testimony about injury to the client’s family relationships. The closed head injury and its aftermath often create enormous stress on family members as well. The burden placed on other family members can cause stress to the injured client.

Essentially, the damage caused by a closed head injury can be catastrophic. Not only is the cost of medical treatment significant, but the emotional toll the injuries take on the client can be devastating as well. To properly present testimony at trial the experience attorney may look at family members, friends, fellow employees,  supervisors, primary care physicians, treating medical providers, social workers, nurses, vocational experts, economists, and neuropsychiatrists and other expert to provide corroborating testimony.