Representing the Survivor of Brain Injury

A. The Brain Injured Client May Be a Changed Person, but They Are Still Very Much a Person.

1. There is more to the term “Survivor” than rhetoric.

B. The Lawyer Must Understand the Survivor’s Special Needs, Problems and Personality.

C. The Lawyer Must Remember the Disabilities He or She Wants the Jury to Believe in the Representation of the Survivor.

D. The Lawyer Must Commit Him or Herself Not Only to Diagnosis, But Also to Treatment.

The lawyer’s relationship is long term; with the opportunity to get the true clinical picture. If you have the knowledge and the conviction, the lawyer can identify and return the undiagnosed brain injury to the medical community, with a fighting chance to get help.

E. The Lawyer Must Be Committed to Creating an Environment Where the Marriage Can Survive the Transition.

1. There were three brain injuries that propelled me into this field – two were to clients, one to a family member of a loved one. In each case, the survivors’ marriages ended. Not because the spouse abandoned the survivor, but because the survivor lost the ability to cope with the spouse.
2. Yes, there are medical miracles, but the only true recoveries occur when the family of the survivor finds a way to stay loyal to the survivor, in face of horrific obstacles.
3. You and those who treat your client must understand that in the rush to reintegrate the survivor into the community, they are in all likelihood endangering the one thing that can make recovery possible, an intact marriage.

F. Be an Advocate Beyond the Perimeters of the Courtroom.

The lawyer must be a fearless advocate against misdiagnosing physicians and providers. The lawyer must get in the trenches with the discharge planners and insurance companies to make sure that the survivor gets the specialized treatment that can make the difference. Survivors are not retarded, they are not Alzheimer’s patients. The lawyer must stand toe to toe with those, who despite their degrees and/or their positions, don’t understand these principles of brain injury.

The Lawyer’s Obligation to Brain Injured Persons Should Not Be Limited To Simply Their Case or One Proceeding. The Survivor Needs You Every Step of the Way.

THE ARENA FOR THIS BATTLE IS NOT JUST THE OFFICE OR THE COURTROOM, BUT THE SURVIVOR’S LIFE.

NEXT: About Severe Brain Injury.

Understanding Subtle Brain Injury

The concussions that disable, are almost always more symptomatic at 24 hours, than at the 2-4 hour time frame when injured persons are evaluated in the emergency room. Brain injury symptoms escalate over the first 24 hours, because brain injury involves a cascade of events. It is critical that if you are still symptomatic the day after your injury, go back to the same Emergency Room, don’t wait for a doctors appointment. It is critical that the Emergency Room personnel see that the symptoms still persist or have gotten worse.

View Our Video Series on Concussions