If you have suffered a traumatic head injury it can be difficult for you to file a claim and receive the compensation that you truly deserve, because the injury may not be visible. A car accident lawyer can help you get the compensation you deserve after suffering any type of trauma you incurred after you have been involved in an auto accident.
Before a case goes to trial, your car accident lawyer as well as the defense attorney know not only the case but also the other side's position on all the issues. The system is designed to prevent surprises. In the discovery phase, a lawyer will ask questions under oath of the adverse party. This form of oral testimony provides both the plaintiff and defendant with the clearest view of anticipated trial evidence. The views of the deponents become "locked down" and difficult to alter later during trial. If you have suffered a brain injury all questions put to you are assumed to be answered as if you have a complete and accurate recollection of the evidence. Even though it is often the opposite is true.
The car accident lawyer representing you must take ample time in advance to prepare you for this examination so that the evidence is not misconstrued. This can often times be difficult if you have suffered a severe brain injury since your memory will often times be impaired. Keep in mind that the defense will attempt to use the Examination to undermine your credibility by obtaining admissions, which are contrary to your case so that it can later be contradicted through expert opinions or surveillance.
Your car accident lawyer will also need to prepare lay witnesses for your trial. Lay witnesses are people who have known you personally both before and after the date of injury. These include family members, friends, neighbors and co-workers of the plaintiff who help to validate your testimony and the opinions of the experts during a trial. These witnesses can be very persuasive because their testimony is easily understood and can often describe the subtle injuries you have incurred vividly.
In addition your car accident lawyer will develop a theme for you case as it is prepared for trial. The theme is the word or phrase that constantly reappears in the litigation to focus the jury's attention upon what the case is really about. Selecting one or more themes is of crucial importance. Themes are like magnets, which constantly attract notice. They must be designed to trigger both rational and emotional responses in jurors. In formulating trial themes, a car accident lawyer should focus upon facts, which may be expressed using high impact language, and illustrated by high quality demonstrative evidence.
Themes that emphasize "quality of life" issues tend to dominate the brain injury cases because of the severe impact a brain injury may have upon your life after the accident. There is nothing more effective in persuading any jury of organic injury than evidence that demonstrates that you were having a successful and satisfying life before the accident. A timeline can often be persuasive in demonstrating an absence of medical treatment and consistent employment before the injury.
Often times cases will settle prior to trial. After a suit is filed and the case proceeds, but before the trial begins, the parties can agree to settle. If a settlement occurs, then one side agrees to pay a sum of money to the other, and the other side agrees to accept it as payment in full for the injuries suffered. Usually a settlement is a good thing. In a settlement, no one loses. The insurance company pays something, maybe a little less than expected, but the risk of a trial is avoided. In all trials there are big risks for both sides.
Most insurance adjusters and defense lawyers take a jaundiced view of mild traumatic brain injuries. Some have commented that it represents the "whiplash of the new millennium". Despite this cynical approach, the car accident lawyer taking on a brain injury case must look for proof of an organic injury. One of these proofs may include no loss of consciousness. If you sustain mild brain injuries there is often a chance that you do not experience true loss of consciousness. Expert witnesses will help present evidence that loss of awareness, confusion or dizziness as a result of trauma can cause significant neurological problems.
If you choose to turn down the offer of a settlement then the matter will proceed to trial. A trial is a risky venture: one side may win a lot of money or get nothing. In any event, the costs of a trial can be extremely expensive for the loser. Trials can be decided by judge alone or by judge and jury. While negligence cases are brought against the individual who caused the accident, there is always the presence of the insurance company behind the scenes as they are responsible for protecting the defendant up to the limits of their policy.
In conclusion, the presentation of a brain injury case is extremely challenging. The car accident lawyer undertaking such cases should be familiar with the long-term consequences of brain injury. If the car accident lawyer does not cover all facets of the case with appropriate witnesses and other evidence, he will do himself as well as you as his client a great disservice.
