Workers' Comp.101: The Brain Injury

By Cynthia Hennessey  Feb. 10, 2012 2:30p

Workers’ Comp. 101: The Brain Injury Case

By: Cynthia M. Hennessey, Attorney

Few Workers’ Compensation and Personal Injury cases are as complex and involved as those involving traumatic brain injuries, (“TBI”), concussions and head injuries. Regardless of whether the injury is mild or severe, it is necessary to choose an attorney who is prepared to handle the challenges that are unique to brain injury cases.

First, it is vital that your Attorney understand the anatomy and physiology of the brain as well as your treatment records and diagnostic tests in order to understand how the injury has affected you. Many symptoms of brain injury, head injury, or concussion are subtle, yet can be life changing. Over 21 years, I have represented numerous traumatic brain injury cases. While no two brain injuries are ever identical, it is not uncommon for my clients to suffer from many of the following symptoms:

· Difficulty concentrating

· Confusion

· Difficulty focusing

· Problems with memory

· Problems following directions

· Mood Problems, including anxiety, depression, anger, aggression

· Headaches

· Sensitive to light and loud sounds

· Changes in personality

· Lack of interest in sex

· Impulsiveness

· Saying inappropriate things

· Inability to enjoy hobbies

· Lack of interest in social functions

· Difficulty finding words

· Difficulty performing simple math

· Inability to concentrate while reading

Yet, more often than not, the tests and CT scans are all read as “normal”. Yet my client and his family know that he is anything but “normal”. These symptoms can change your life. They can cause marital problems, work problems, social problems, parenting problems. Yet, often times, particularly in the Workers’ Compensation arena, these symptoms are completely overlooked and/or ignored by the Workers Comp doctors, or worse, the injured worker is accused of malingering or exaggerating his symptoms. It is vital that your attorney not just sit back, and accept the Workers Comp doctor’s diagnosis and treatment.

It is vital that your Workers’ Compensation Lawyer has experience with defense experts who are going to testify against you. This includes the rehabilitative doctor, neurologists, neuro-psychologists, neuro-psychiatrists, and concussion experts. These experts are often hired guns. Your lawyer must be ready to take them on. As well, your lawyer must be willing and financially able to hire experts to examine and testify for you. Many law firms just are not financially equipped to handle these costs.

It is also vital that your lawyer thoroughly prepares you for your role in your case. You will almost certainly have a deposition taken by the defense lawyer. This will likely be a long and grueling ordeal, and you must be prepared carefully as to how to handle the questions. Many lawyers simply don’t have the time or the knowledge to adequately prepare you.

As well, traumatic brain injury cases often go to trial. It is imperative that your lawyer has experience in presenting to the Judge or Jury your injury and how it has affected your life. A brain injury has significant “ripple effects”, including marital problems, depression, inability to return to work, and long term financial implications. The Judge and Jury must be taught about the “ripple effects” as well as about the long term prognosis of your injury. This is your lawyer’s job, and must be handled with expertise.

About the Author:

Combining her skills and experience as a Registered Nurse and Injury Attorney, Cynthia Hennessey has over 21 years of experience in handling serious injury, Workers’ Compensation and wrongful death cases throughout Missouri and Illinois. Unlike other Personal Injury and Workers’ Compensation Attorney’s, Cynthia’s Nursing education and experience provides her with the expertise to review your medical records and to fully understand your injury, as well as the diagnostic tests and treatment. As a former insurance company attorney, Cynthia experienced first-hand the tricks and strategies the insurance companies use to avoid paying claims. She knows the insurance industry and uses this knowledge against them to better serve her clients. As an experienced trial lawyer, Cynthia has a proven track record successfully representing thousands of seriously injured clients. She has made her reputation going up against multi-national insurance companies and corporations and winning.
Cynthia handles Workers’ Compensation, Personal Injury and death cases that result from many types of traumatic events; however tractor trailer accidents, truck accidents, car accidents, and motorcycle accidents make up the majority of her personal injury caseload.
Her experience includes all types of injuries, including head injuries, brain injuries, neck and spine injuries, paraplegia/quadriplegia injuries, fractures, and death cases.
Unlike other firms, Cynthia personally interviews, selects and handles each case. She will provide a free consultation in her office, by phone, or at any other location you choose.