Proving a “Mild” Traumatic Brain Injury: A Complex But No Longer Impossible Task
Originally published in the Vermont Bar Journal, Spring 2012, Vol. 38, No.1
Author: Robert B. Luce
Traumatic Brain Injury, especially brain injury categorized as “mild” (MTBI), has historically presented one of the biggest challenges for trial lawyers because there often are no visible markers or clear signs of brain injury.
Three important areas of development — research on brain injuries and veterans conducted by the Department of Defense, research on brain injuries and athletes conducted by the Center for the Study of Traumatic Encephalopathy, and ongoing study conducted by the Centers for Disease Control and Prevention (CDC) — have provided critical advances in both understanding the signs and the long-term effects of brain injury and in increasing public awareness and acceptance that invisible injuries to the brain can have devastating consquences.
While proving MTBI is still a highly sophisticated, complex area of law, the new research and the public attention it has brought, combined with advances in brain imaging technology, mean that it is no longer an impossible task.
Reprinted with permission.