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In brain injury cases, there is a unique set of circumstances that can make it challenging for a trial lawyer to help a jury fully appreciate the loss and consequences of a brain injury on a client. Brain injuries are often referred to as “invisible illnesses” because clients may appear normal; they might not have visible scars or a limp. However, the injury alters the brain’s functioning, leading to changes in mood, forgetfulness, and personality differences.
The challenge lies in making these internal injuries, which may not manifest outwardly, tangible to the jury. It is crucial to convey the reality of these injuries, helping the jury understand that while they do not see an X-ray of a broken bone, they are witnessing the significant effects of an internal injury to the soft tissue of the brain.
Kansas City, MO personal injury attorney Michael Waddell talks about the biggest challenges faced in traumatic brain injury cases. In brain injury cases, a unique set of circumstances can pose challenges for trial lawyers attempting to help juries fully grasp the loss and consequences of a brain injury on a client. Brain injuries are frequently termed “invisible illnesses,” as clients may appear normal, lacking visible scars or limps. However, these injuries can significantly alter brain functioning, resulting in changes in mood, forgetfulness, and shifts in personality.
The difficulty lies in making these internal injuries, which may not have outward manifestations, tangible for the jury. It is essential for lawyers to convey the reality of these injuries, ensuring that jurors understand that, while they may not see an X-ray of a broken bone, they are witnessing the profound effects of an internal injury to the soft tissue of the brain.