Acquired Brain Injury

I am three weeks away from conducting mediation in the largest file I have ever had: an acquired brain injury. If this matter does not settle at mediation, we are scheduled for a three-week trial in May 2005, so that gives you an idea of the size of this file.

At this point, the parties are very far apart. The defendant's medical reports makes light of the injuries of my client. He struck his head as a result of a fall and suffered a fractured skull and bleeding in his brain. The frontal lobes of his brain were injured and he has been forever changed. The defendant's position is that he will be fine with some therapy to address his apathy and depression. All of our experts say the opposite; that my client has sustained permanent impairment of a number of important functions as demonstrated by his memory loss, apathy, inappropriate behavior disinhibition, disturbed sleep and extreme loss of self esteem, to name but a few symptoms. My client has been assessed as incapable of working again. So how does a lawyer prepare the damages brief on such a file?

The thing to always remember in acquired brain injury cases is that you can't judge a book by its cover. ABI symptoms are often not immediately obvious to the naked eye. To properly flesh out the symptoms and effects of a brain injury therefore, the client should be seen by a number of different specialists. For example, a clinical neuropsychologist will be able to run a multitude of tests to investigate cognitive, language, memory and conceptualizing losses, to name a few. A good rehabilitation clinic will provide a comprehensive snapshot of the individual's health. Such clinics will examine and make recommendations in the areas of nursing care, physiotherapy, occupational therapy, speech and language therapy, psychological deficits, social work concerns and therapeutic recreation.

Depending on the symptoms of the client, other medical specialists should be consulted. In my client's case, an investigation was needed into his hearing, smell and taste. There are also dedicated acquired brain injury programs that should be consulted. Such clinics will assess the patient and develop a comprehensive rehabilitation program designed specifically for the needs of a brain-injured person.

Occupational therapists that specialize in acquired brain injury will interview the patients in their home to observe their daily routine and how the injury has affected them. Interviews with family members are very important, as they are often the best source of information regarding the changes to such a patient.

Finally, after all the medical reports are gathered which reports should include costs of recommended therapies and treatments, the numbers have to be run by an economic loss specialist. These individuals are usually economists with actuarial expertise. They develop the various costs that the client has incurred and will incur as a result of the brain injury and its life-long effects. Examples of typical financial calculations are loss of shared family income (if the injured person's spouse left them as a result of the injury and its effects), past and future lost income, cost of future care such as residential care, claims for compensation for family members who provided attendant and Family Law Act claims for family members for loss of care, guidance and companionship of the injured person.

Each brain injury case is unique and requires a comprehensive approach. Knowing which specialists to send the client to will make all the difference in the success of the file. For more information, please contact me.