Mild Traumatic Brain Injury (MTBI) - Proving the Injury Part 1
Lets say you hurt your leg. You go to the hospital and they take a x-ray. The x-ray shows a broken fibia. And no one questions whether you hurt your leg. The x-ray tells the story. It's there in black and white for everyone to see.
A mild traumatic brain injury usually doesn't show up on a scan of any description; x-ray, CT or MRI.
Why? Because a mild traumatic brain injury often involves suble trauma to the brain that can't be detected utilizing standard imaging technology.
As a result, a mild traumatic injury isn't something you can produce an image of.
In order to prove a mild traumatic brain injury a lawyer chiefly relies on a sophisicated form of testing called neuropsychological testing, the testimony of the injured person and the testimony of people who are able to describe the differences they've observed in the injured person following his/her brain injury.
We live in a visual world. People believe what they see. Judges and jurors live in this same world.
Here's the thing, proving a mild traumatic brain injury case at trial involves getting the judge or jury to believe in something they can't see. It involves getting the judge or jury to suspend bias in favor of the visual image.
That's why mild traumatic brain injury cases require a good deal of skill on the part of the lawyer who's preparing and litigating them.
But I guess if it was easy, everybody would be doing it.
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