Evidence in DC Traumatic Brain Injury Cases

In personal injury cases, expert witnesses can be an extremely helpful asset in presenting evidence. They have the requisite experience and knowledge to speak authoritatively on medical issues, so their words hold a lot of sway.

Traumatic brain injury cases are somewhat unique in that an expert witness is required to be knowledgeable and experienced both with traumatic brain injuries and also explaining traumatic brain injuries to a jury. Juries can often have a difficult time understanding both what the traumatic brain injury is and how a traumatic brain injury can affect the injured person’s day-to-day life. Therefore, it is imperative for anyone who has suffered a traumatic brain injury in DC to find a lawyer who is familiar with this issue and who can work with the necessary expert witness in order to both explain this injury to the jury and also, explain how the injured person will require past, present and future medical treatment for his or her condition.

Types of Evidence

Typically, the evidence that is used in prosecuting DC traumatic brain injury cases consists of testimony from the injured person, medical documentation and the use of expert medical witnesses to testify at trial to describe the nature and extent of injuries sustained, the necessity of past medical treatment and also, the necessity of ongoing and future medical treatment.

Gathering Evidence

A DC traumatic brain injury attorney collects the necessary evidence through the collection of medical records. The attorney will read the records and understand exactly the medical condition that’s being claimed the medical treatment.

In order to be well-equipped for leveraging the value of expert medical witnesses, the attorney must understand the nature and extent of the injury and medical treatment.

Presenting the Evidence

Often cases settle out of court either through mediation or through private discussions among the parties.

Mediation is slightly different than the full on presentation of a case to trial in that at mediation, it’s beneficial to maximize the recovery for the client without divulging any crucial or critical information that could adversely affect the outcome of the case.

At trial, this is the final opportunity for the injured person to present their claim fully. At mediation, there may be a tactical decision to withhold certain information for various reasons, whereas at trial, often times, the claim is presented fully so as to maximize the recovery on behalf of the injured person.

In trial, the evidence is presented to the jury through the Rules of Civil Procedure. Once the jury has the evidence, it is strictly up to the jury to place the weight it feels appropriate on that evidence and ultimately return a verdict in the case.

Working With a DC Traumatic Brain Injury Lawyer

A lawyer begins working as soon as he or she is retained by the victim of a traumatic brain injury. Traumatic brain injuries require significant investigation and coordination of medical documentation. Thus, as soon as a client retains a DC traumatic brain injury attorney, the attorney will begin to investigate the claim and process the medical documentation necessary to advance the claim.

How to Help a Lawyer Gather Evidence

The best thing the client can do is have an open dialogue or discussion with their attorney, and have an open mind as to the attorney’s advice and recommendations regarding any aspect of the claim.

Often times, the injured person can become very emotional and forget that their attorney is trying to help them. It is really the attorney’s job to advise his or her client on a proper method by which the claim should be presented and advise the client on the likely recovery available to the injured person.

What an Attorney Will Try to Determine During Initial Consultation

In general, the initial consultation with a traumatic brain injury lawyer in DC can be lengthy and bulked, but the specific areas discussed in great detail truly depend upon the individual’s claim.

The issues discussed during the initial consultation typically depend upon the individual facts and circumstances of the individual’s case. Some initial consultations may concentrate more on how the incident occurred and/or how the person came to be injured. Other consultations may concentrate more on the nature and extent of injuries, the current diagnosis and the prognosis of recovery going into the future.

Generally speaking, a full investigation of the claim both in terms of how it happened and the nature and extent of injuries are discussed throughout the initial consultation in addition to collecting pertinent contact information and insurance information.