Traumatic Brain Injury Litigation Specialists

What is unique and challenging about brain injury cases is that a brain injury is an invisible injury. Brain injury is often referred to as the “silent epidemic,” but to the jury it is rather “invisible.” It is easy to see other types of injuries — either they are obvious to people or can be seen on diagnostic tests — in other words, one can demonstrate what the injury is. We all know with brain injuries that unless one can produce positive findings on a CAT Scan, a MRI, or other diagnostic tests, it is, for all intents and purposes, invisible. That makes it more unique and challenging than other types of injuries.

Contrary to what some believe, it is still possible for an individual who has suffered a traumatic brain injury to receive government benefits while they proceed with a lawsuit. In regard to certain benefits which are “need-based,” if they use proper trust instruments, such as special needs trusts, they can preserve their government benefits and also receive a settlement.

When decisions are made to schedule a case on behalf of a person with a brain injury and if there are questions about their competence, that should be brought to the court’s
attention. A medical examination should be completed addressing the question of competency. If the medical expert recommends that they are incompetent, then it is necessary to ask the court to appoint someone as guardian to make the decision on the settlement. Regardless, if there are questions about competence they need to be raised.

Patients who have suffered traumatic brain injuries may want to seek legal advice. Mueller Hillin specializes in traumatic brain injury litigation in Philadelphia, Atlanta, Houston and Austin.