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Article: Proving the invisible: traumatic brain injury is difficult to detect and to prove, but when you use the right tests and the right experts, you can help the jury understand what injuries your client suffered and how they changed his or her life.
- Article from:
- Trial
- Article date:
- July 1, 2008
- Author:
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Copyright informationCOPYRIGHT 2008 American Association for Justice. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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One out of every 500 Americans suffers traumatic brain injury (TBI) every year. Any attorney evaluating this type of case faces a major problem of proof: Unlike a broken bone or herniated disc, most brain damage is invisible.
Not long ago, TBI cases were considered either difficult or impossible to prove. With the advent of objective technological testing, such as CT scans and MRIs, trial lawyers could better demonstrate damages in brain injury cases. But traditional CT scans and MRIs can detect only 10 percent to 15 percent of traumatic brain injuries, which means that proof is a huge obstacle in at least 85 percent of these cases. Furthermore, most TBI that is visible in ...
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