Defending Brain Injury Cases: Measuring Loss of Function

This CLE webinar will offer guidance from defense counsel in brain injury litigation about investigating and developing a record to demonstrate and measure as objectively as possible the plaintiff's pre-and post-accident condition and lifestyle when mild, moderate, and traumatic brain injury has been alleged. The panel will also discuss best practices for using the information before trial in settlement discussions and for presenting it to the jury.

Brain injury claims are frequently difficult to objectively evaluate and expensive to defend. The value of brain injury cases is directly proportional to the injured person's post-accident pain and suffering and noneconomic damages, which are generally measured by how much enjoyment or function has been lost in different areas of life as a direct result of the accident in question.  

One of the most important keys to defending cases alleging brain injury is to accurately establish the injured party's pre- and post-accident baselines for everyday tasks as well as loss of enjoyment of life, mental anguish, and more. Typically, defense counsel will want to review everything in the plaintiff's past and present emotional and medical history to construct a before and after picture of the plaintiff's life. Of particular interest may be how the claim itself evolves from the date of the incident to the time of trial. Objective evidence in the form of records created immediately after an injury or during treatment can be worth their weight in gold.

Listen as this panel of brain injury defense counsel and other SMEs discusses best practices for investigating and developing a record to demonstrate as objectively as possible the plaintiff's pre- and post-accident condition and lifestyle.