Langdon & Emison partner Kent Emison published an article recently on courtroom strategies for representing clients in traumatic brain injury (TBI) cases. The article, “Issues in Litigating ‘The Invisible Injury:’' Presenting Clients in Traumatic Brain Injury Cases” appeared in the Winter 2017 issue of the Trial Journal, a publication of the Illinois Association of Trial Lawyers.
Emison’s article discusses common themes in TBI cases and the ways to obtain the maximum recovery for clients who have suffered a TBI due to the negligence of another party.
“The most important thing to remember about TBI cases is that these injuries are the only type of brain injuries,” Emison said. “There is no such thing as a brain injury that does not create trauma.”
A common misperception is that TBI victims recover quickly from their injuries; however, research has shown the consequences of TBI are serious and cause lasting problems.
Many TBI victims can appear “normal,” while experiencing symptoms such as fatigue, headaches, insomnia, poor memory and other symptoms not instantly associated with TBI. Developing a credible narrative to illustrate a client has suffered a TBI can be challenging, but Emison offers several strategies for overcoming these challenges.
According to Emison, the use of demonstrative aids can be effective in illustrating the effects of the TBI; highlighting the violence of the traumatic event; and demonstrating that the client suffered neuropsychological deficits as a result of the traumatic event.
In addition, demonstrating the mechanics of the collision and how it impacted the client’s body is also critical. An accident reconstructionist and biomechanical engineer can be helpful in creating an animation or graphic to illustrate how the accident happened.
For attorneys representing clients in TBI cases, it can be extremely challenging to explain a condition that cannot be seen by a jury in the courtroom. For more strategies on how to overcome these courtroom hurdles, check out Emison’s article.
About Kent Emison
Kent Emison is a founding partner of Langdon & Emison where he has served as lead counsel in traumatic brain injury cases throughout the United States, yielding seven- and eight-figure recoveries for his clients. He is a fellow in the International Academy of Trial Lawyers and a member of the American Association for Justice Leaders Forum.
About Langdon & Emison
Langdon & Emison is recognized as one of the nation’s leading personal injury law firm, having taken on some of the world’s largest corporations on behalf of injured people and their families in courtrooms from coast to coast. Langdon & Emison represented the plaintiff in Baker vs. General Motors, a landmark lawsuit where for the first time evidence was admitted into court proving an automaker’s deliberate choice of profits over human safety. With offices in Lexington and Kansas City (Mo.), St. Louis, and Chicago, the firm has earned a national reputation as a leader in auto defect cases, trucking accidents and a full array of personal injury litigation.