In some personal injury cases, someone may look like they have not suffered any injury at all. They may not have any broken bones, they may not have even required a single surgery. Despite these things, the person could still be suffering every day due to an invisible injury.
What Is an Invisible Injury?
There are many things that could be classified as an invisible injury. A Traumatic Brain Injury, or TBI, could fall under this category. Another type of injury that could be considered an invisible injury is a neurological injury that does not manifest itself in a physical way. A person could feel immense nerve pain, but still be able to walk and move like any other person does.
This is something that is difficult to understand as members of a jury, because in many personal injury cases, the plaintiff has suffered some physical injury, and that physical injury is either visible at trial or the plaintiff has some limitations from their injury that can be demonstrated or seen at trial, or pre-trial by the defense attorneys and insurance company.
How Can An Attorney Demonstrate Their Client is Injured?
An attorney can do a few things to show that their client is injured, either during trial, or before the trial if attempting to settle the case with defense attorneys and the insurance company. An important aspect in showing a jury or insurance company that your client is injured is by using medical records for your client. In the case of either TBI’s or a neurological injury, an MRI or CAT scan on medical records could be useful.
For TBI’s, another way to show that the plaintiff is injured is to show a plaintiff has attended therapy or has medication for their injury. A good place to start is determining what the plaintiff has done after getting diagnosed with an invisible injury is looking to see what kind of therapy they have attended. Whether that be psychotherapy, or a kind of physical therapy to help with a neurological invisible injury.
It is also important for an attorney to go through the things their client has done to help with their injury, and this includes things that a plaintiff might have to do daily for the remainder of their life in order to keep their invisible injury in check.
In a trial, it is also important for an attorney to demonstrate the fact that a plaintiff has to follow a plan in order to care for their invisible injury. This may involve the use of exhibits and a use of a care plan that has been developed in the course of the plaintiff’s medical treatment. By using exhibits and a care plan, it is easier for an attorney to demonstrate their client’s case to the jury, and to show the jury that, just because this person looks healthy, does not mean that they do not suffer from their injury each and every day.
Finally, as an attorney with a client with an invisible injury, it is important to get to know your client and what they deal with. This will help you better work for your client and ensure that you understand what they are going through on a daily basis. This will help you better argue for your client at trial, and help you express your empathy for your client.
Have You Suffered a Personal Injury or an Invisible Injury in an Accident That Wasn’t Your Fault?
Contact the experienced injury attorneys at Hurst Limontes, LLC. We fight for our clients and ensure that they always feel cared about. We will always fight for your best interests. Call or Email us today for a free consultation!