One of the most common injuries after being in a motorcycle crash is injury to the brain.  To better represent the clients I represent that have sustained traumatic brain injury as a result of a motorcycle crash I spent this past Thursday and Friday at the Brain Injury Conference sponsored by the Utah Association for Justice.

The Brain Injury Conference had some of the leading cutting-edge clinical researchers dealing with traumatic brain injury.  One of the most interesting themes of the conference was the leaps and bounds that are being accomplished every day to dramatically show the actual injury to the brain.  Another theme was showing how to tie together the traumatic injury with exhibited behaviors of the brain injured client.  Some of the panelists present at the conference included Dr. Randall Benson, Professor Erin Bigler, Dr. William Singer and Dr. Wendell Gibby, to name a few.

One of the biggest problems facing a trial attorney who represents a brain injured client is to show to the jury independent and objective proof of the brain injury.  In other words, defense counsel often claim that the brain injured person is simply faking his injury. It used to be that brain injury was the hidden injury.  A brain injury is not like a broken bone - you take an x-ray and show the jury the broken bone and they believe you.  It is much more difficult to show injury to the brain - at least until recently.

Recent advances in brain imaging includes different types of magnetic resonance sequencing, functional MRI's and diffusion tensor images.  Each of these techniques can show to a skeptical jury that a real injury to the brain has occurred.  With convincing imaging in hand the next stop on the road to proving your case is with the neuropsychologist.  The neuropsychologist can match the location of the injury to the exhibited behavior of the brain injured client. Finally, objective and corroborative evidence needs to be gathered.  It is often not enough for the victim to complain or exhibit behavior indicative of a brain injury and to have very convincing visual evidence showing the location of the brain injury. Jury members are a skeptical bunch and I think that when large sums of money are at stake they are especially skeptical of injury claims.  

The final part of the puzzle in proving a brain injury is to have what I call arm-length witnesses who will testify to the differences in the injured person before and after the crash.  Arm-length witnesses are those people that have nothing to gain in the outcome of the trial.  They are your boss, co-workers, your clergy and sometimes just the clerk at the grocery store. By having arm-length witnesses testify at trial you show the jury that the changes in behavior for the brain injured client are real.

Holding insurance companies fully responsible for the traumatic brain injuries caused by their insured is challenging but with new techniques and continuing sharpening of skills we try to represent our clients to the best of our abilities.

I have been a motorcycle rider for over 30 years and have also been a registered nurse.  My law practice focuses on representing injured and killed motorcycle riders and their families.  We can help you with medical bills, getting your bike fixed and getting you the money you deserve from the person that caused the crash. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

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