Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Posts Tagged ‘traumatic brain injury’

7 Ways Defense Attorneys Try to Defeat Your Brain Injury Case

Saturday, November 27th, 2010

If you have suffered a traumatic brain injury as a result of the fault of another you may be confronted by certain defense tactics. Here is a list of some potential defenses:

1. The plaintiff is malingering.
2. The plaintiff is somatoform. (stress or anxiety is causing the symptoms)
3. The plaintiff looks normal.
4. The plaintiff did not hit his or her head and therefore cannot have a brain injury.
5. The plaintiff was not unconscious and therefore cannot have a brain injury.
6. The CAT scan was normal so the brain is okay.
7. The MRI is normal so the brain is okay.

It is important to first define traumatic brain injury. A good definition is:
“Traumatic brain injury is defined as an alteration in brain function or other evidence of brain pathology caused by an external force.”

The working group defines altered brain function as 1 of the following clinical signs:

Any period of loss of or decreased level of consciousness;
Any loss of memory of events immediately before or after the injury;
Neurologic deficits such as weakness, loss of balance, change in vision, paralysis, sensory loss, or aphasia; or
Any alteration in mental state such as confusion, disorientation, or slowed thinking.

There are many ways to combat these defenses. One simple method is the lay medical before and after witness. These are people that know the injured party before and after the traumatic event and can describe differences in their behavior. Obviously there is much more to it than just this. So if you have any of these symptoms you should seek an experienced brain injury lawyer </a

Anthony Castelli attorney welcomes your call to discuss for free you concussion brain injury 1-800-447-6549

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5 Myths About Concussions by Cincinnati Lawyer

Sunday, October 24th, 2010

There has been more news about concussion in the media. There is more information coming out about how damaging this head injury can be. Here are 5 Myths or Misconceptions about concussions. Educate yourself so you can not only protect yourself if you suffer after a concussion, but also your child, as sports injuries and car accidents are two of the biggest causes of concussions.

1. There must me a blow to the head to cause a concusion. It is not necessary to have a direct blow to the head. The brain can still contact the boney skull even if there is no direct blow to the head.

2. A concussion requires a loss of consciousness. This is totally false. Many cases of concussion can occur even without loss of consciousness.

3. If there is no evidence on MRI or CT a srerious brain injury did not occur. This again is false. You can have a serious brain injury even without such evidence

4. After a concusion you should wait 7 days before returning to sports. At a minimum you must wait 7 days until all the symptoms have cleared. And make sure you get a doctor’s clearance.

5. The symptoms of a concusion will show up immediatley. Although sometimes theis is true some symptoms may take a period of time to show up.

If you have a head injury – concussion caused by the fault of another I invite you to call me about the legal issues that may be involved. 1-800-447-6549

Cincinnati head injury concussion lawyer

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