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Tbilaw.com has been at the cornerstone of the web advocacy of the Brain Injury Law Group since it went online in 1996.For a full treatment of the topic of brain injury, and recovering adequate compensation for those who have survived such injury, please visit our other pages. |
A. Brain Injury is a Process not an Event. This is a category that many would argue you should skip, especially with the quality of authority cited above. This is unquestionably the most difficult field to a absorb. However, my fascination for this field has largely revolved around the natural jury skepticism, that an injury which is insignificant at the scene of the crash, could be so disabling. The problem with the authority cited herein that LOC is not required, is that it does not attempt to explain why. The why is that brain injury is a process, not an event, which often escalates in severity after the period of time that our clients are being examined by the medical community. 1. Greenfield's Neuropathology. Greenfield's says at page 197:
Greenfield's is the most expensive book I own, but for me, it is the consummate learned treatise. It is in its 6th Edition; the chapter cited above is co-authored by Thomas Gennarelli, the man credited for the term "diffuse axonal injury"; it is a book published in England, distributed in the U.S. by Oxford University Press and includes a cast of international contributors without peer in the field. What is more, it looks and smells authoritative, yet it is a dynamic work, not reluctant to admit that: "Since the 5th edition of Greenfield's Neuropathology there have been considerable advances in the understanding of the nature and time course of axonal injury after TBI. " B. Neurotrauma. This
book is unique in that it incorporates the fields of head injury,
spinal injury, and basic neurotrauma research into one source. My approach to proving the subtle brain injury case is to first get over the threshold acute symptomotology to convince the fact finder that there was a brain injury/concussion and then to suggest the explanations as to why this particular person may have had a poor outcome. The three most likely explanations are age over 40; history of prior brain trauma; and/or extraordinary demands upon the injured brain. On all three of these issues, the Chapter in Mild Head Injury by Wrightson and Gronwall, is strong authority. In addition, the postscript in the book Injured Brains of Medical Minds, discussed on our page on Advocacy, has a provocative discussion about these risk factors and research needed. |
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The Brain Injury Law Group is involved with a network of plaintiff's trial lawyers across the United States united by a common interest in serving the rights of persons with traumatic brain injuries and a common commitment to fully understanding the anatomic, medical and psychological aspects of TBI, so we may be of better service to the survivors of brain injury. This network of lawyers are not part of a national law firm. We have separate law practices and are licensed to practice only in our home states. The Brain Injury Law Group is here to listen and for that reason we maintain an 800 number and a staff willing to discuss your case and legal information where appropriate. There is no charge to call. We only represent people on a contingent fee basis and charge a fee only when we recover for the client. For more on Attorney Gordon Johnson, click here. |
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