Recovering Compensation after Brain Injury

Recovering Compensation after Brain Injury

There is so much involved in recovering compensation after brain injury.  This Essay is one I wrote 15 years ago about why so many of defense strategies to defeat TBI cases are nothing more than misdirections.   The original version of my essay can still be found at

The focus of this article is to rebut the claims that certain criteria stand as obstacles to diagnosing or proving any injury case, but particularly brain injury. Among the issues addressed is failure to get medical treatment on the day of the wreck; there only being minor vehicle damage, that the injured person WAS wearing his or her seatbelt and that there was no blow to the head. Issues with respect to who to recover compensation from in case of an accident are also discussed.

The process of recovering compensation after brain injury is a difficult one as there is very little documentation to go on.  Unless there is obvious brain injury shown in MRI’s, CT’s or PET scans, the physical evidence may not be available and the diagnosis may have not been correct or not made at all.  Depending on whether the brain injury occurred immediately at the accident or whether the injury was made aware of hours later or even days later will also come under discrepancy.  Traumatic brain injury may not be evident at the scene.  It is possible for the person to be lucid and conscious immediately after the accident and then later become incoherent and even become comatose.  Just because a person does not suffer a blow to the head does not mean there is not brain trauma.  Extreme acceleration or deceleration can cause injury to the brain.  Because of this there will be no noticeable physical damage and may be ignored.

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by Attorney Gordon Johnson