While the terms concussion and traumatic brain injury have become well-known
due to the spotlight on brain injuries in sports, there are still many
misconceptions regarding mTBIs. During the presentation, Mr. Cammarata
first discussed how the use of the modifier, "mild" to describe
a traumatic brain injury, only reflects a classification of the degree
of initial presentation of symptoms following a brain injury, and not
the long terms consequences of a traumatic brain injury which can be severe
and lifelong. Further, Mr. Cammarata discussed how a mTBI can be caused
by a blow to, or jolt of, the head. A jolt of the head includes undergoing
an acceleration or deceleration movement, which may cause the brain to
strike the inside of the skull. This may occur during the whiplash movement
caused by certain vehicle collisions. Also, a mTBI is accompanied by at
least one of the following symptoms: amnesia, an altered mental state,
neurological deficits, or loss of consciousness of 30 minutes or less.
Oftentimes an mTBI is overlooked while a patient tends to more significant
physical injuries, and a person may not be aware of the extent of the
mTBI related symptoms until attempting to return to normal functioning.
For some mTBI patients, the symptomology may resolve with a few days while
others may be left with life-long impairments.
At the seminar, Mr. Cammarata also described the strategy needed to pursue
and litigate a mTBI case. To start, the attorney must assemble a full
trial team customized to the needs of each mTBI case. Based on the victim's
needs, this team may include a neurologist, a neuropsychologist, a neuroradiologist,
and/or a neuro-otologist to explain the medical aspects of the case to
the jury. This would include explaining to the jury how the injury occurred,
the cause of the injury, the short and long-term consequences of the brain
injury, and any imaging or diagnostic test results (there need not be
abnormal diagnostic testing to have sustained a mTBI.) The trial team
may also need to include a vocational rehabilitation expert, life care
planner, and/or an economist. These members of the team would explain
to the jury the future medical treatment and needs of the victim as well
as the impact on the victim's ability to work and earn money.
Chaikin, Sherman, Cammarata, & Siegel, P.C. has decades of experience
brain injury cases of all levels of severity. We will fight to win the fullest compensation
allowed under the law for each client. If your or a loved one have suffered
a brain injury please
contact our firm to speak directly to an attorney and receive a free legal consultation.