A brain injury can be the most catastrophic and devastating injury a person can sustain.  When the nerve tissues die, due to trauma, memories, personality characteristics and mental processing power all die along with it.  Unfortunately, the hardest aspect of proving a brain injury case is making a jury “see” the injury.  Unlike an ampuated arm or leg or other mutilating injury, which can be seen and appreciated by anyone, a brain injury is hidden behind a dense skull.  The only visible effects of the brain injury are the functional ways in which the brain injury presents itself on a daily basis.

 The major functional effects, that are readily apparent to others, are the most frustrating features to the brain injured patient/ client.   These functional deficits usually manifest as short-term memory loss, concentration difficulties, and personality flaws such as irritability and temperment.  In order for a jury to fully appreciate the effects of a brain injured person they have to fully appreciate the day to day functional problems that a client will experience.  Ten and only then can the true consequences of a brain injury be understood.

Yesterday morning a teen was killed when the driver of the car he was in lost control and hit a tree. (link) In cases like this, it is important to understand who is responsible for the death. If the driver of the car is at fault, obviously he or she bears responsibility for the passengers in the car. What you may not know, though, is that a recovery can be made from the manufacturer of the car for  safety features that failed to protect passengers, from the owner of the vehicle, and sometimes even under separate coverage on the driver’s or owner’s policy if a phantom vehicle was at fault, in whole or in part, for the accident. For more information, see our Vehicle Accidents section or call the office at (813) 875-4414.

 -Jim Guarnieri, Jr.