This afternoon I will be speaking at the 6th World Congress on Brain Injury in Melbourne Australia on auto insurance and in particular, no fault insurance.
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Prosecuting Traumatic Brain Injury Case
Podcast – Cross Examination of Defendant’s Experts
I am happy announce that today’s post is the Brain Injury Blog’s first podcast. On Saturday, February 26, I was the Co-Chair of an ATLA-NJ Educational Foundation seminar titled, Trying the Auto Case: Openings to Summation. For my part of the day’s program, I spoke to the audience about effective strategies for cross examining…
Predictors of Neuropsychological Test Performance After Pediatric Traumatic Brain Injury
I recently read an interesting article entitled Predictors of Neuropsychological Test Performance After Pediatric Traumatic Brain Injury. The authors were Jacobus Donders and Kelly Nesbit-Greene. The article investigated the influence of neurological and demographic variables on neuropsychological test performance, examining 100 9-16 year old children with traumatic brain injury. The investigation was conducted…
Mental State of an Unresponsive Patient
Today’s New York Times (registration required) ran an article about a new brain-imaging study whose results sugest that brain-damaged people who are treated as if they are almost completely unaware may in fact hear and register what is going on around them but be unable to respond.
Some experts said the study, which appeared yesterday…
Neuropsychological Testing is Not Subjective
On Thursday, after a week-long trial, my jury returned a verdict finding that neuropsychological testing was objective and satisfied the objective requirement of New Jersey’s verbal threshold. Under New Jersey law, before an individual can obtain compensation for non-economic damages, that person must establish by credible and objective evidence that he or she sustained…
Representing a Professional Who Has Suffered a Traumatic Brain Injury
I would like to follow up on an earlier post in which I discussed representing a professional who had suffered a traumatic brain injury by providing some examples of these types of cases, and going into a deeper discussion about the difficulties which can arise at trial.…
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Low-impact Collisions and Accident Reconstruction Experts in Trials
In the past, plaintiff trial attorneys rarely were concerned with the force involved in an automobile collision. Where, however, the force was great and photographs depicted heavy property damage, those photographs would be enlarged and shown to the jury to further enhance the claim of the severity of plaintiff’s injuries. In contrast, low-impact collisions rarely…
Neuropsychological Testing of Children
A new desk reference on the neuropsychological evaluation of a child has been published. The text, entitled “Neuropsychological Evaluation of the Child” was written by Ida Sue Baron and published by George Washington University. According to the synopsis found on Amazon.com where the book can be purchased for $79.95, the book provides a broad and…
Articulated Total Body (ATB) Computer Simulation Held Admissible
A Federal District Court has upheld the admissibility of the articulated total body (ATB) computer simulation program, which is used primarily to interpolate and extrapolate the results of full-scale tests with anthropomorphic test dummies. In Melberg v. Plains Marketing, L.P., 332 F. Supp. 2d 1253 (D. N.D. 2004) plaintiff sustained a traumatic brain injury in a motor vehicle collision. Plaintiff retained a biomechanical engineer who utilized the ATB computer simulation program to conclude that the forces sustained by the brain were sufficient to cause brain injury.…
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The Importance of Your Opening Statement in a Mild Traumatic Brain Injury Case
The opening statement in a mild traumatic brain injury case must highlight the devastating nature of the plaintiffs injury and diffuse the defense’s attempts to focus on the plaintiffs appearance of normalcy.…
Continue Reading The Importance of Your Opening Statement in a Mild Traumatic Brain Injury Case