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Mild Traumatic Brain Injuries Can Be Difficult To Prove Without the Use of Lay Witnesses in a Sports Injury Case

One of the common injuries sustained by players playing contact sports like hockey or football is a concussion. Even baseball players and lacrosse players are at risk from suffering a concussion by getting hit by the ball, the bat or even the lacrosse stick. Multiple concussions can lead to mild traumatic brain injuries. 

If the players are negligently put back into the game or if the helmet or protective gear was defective, players may have claims against the team, school, coaches or makers of the defective helmet or defective equipment.

Injuries, like mild traumatic brain injury from sports accidents or post-concussive syndrome, are invisible. They are every bit as real as a broken bone, but they don’t show up on a film, and they don’t leave marks on the victim’s body. These injuries present the personal injury attorney with unique challenges in a lawsuit.

Brain injuries can leave a sports accident victim with cognitive deficits, personality changes, confusion, memory loss, anxiety and depression. These injuries can cost people their careers, their friends and their marriages. However, people suffering from symptoms of mild traumatic brain injury are often labeled fakers or malingerers by defense attorneys and their hired “expert” witnesses.

Very often, the outward signs and symptoms of post-concussive syndrome are subtle. These can include:

  • forgetfulness,
  • slow word retrieval,
  • moodiness, and
  • withdrawal from friends and activities and the like.

Taken individually, any one of these symptoms may not appear to be a “big deal.”

Factors such as the need to multi-task and stress can exacerbate the symptoms of post-concussive syndrome. The increased symptoms in turn create more stress and anxiety for the individual, which only serve to further worsen the symptoms. This creates a cycle of symptoms, stress and anxiety, worsened symptoms, and on and on it goes until the victim can no longer function. At that point, they may lose their job, their marriage may fall apart or something else “gives” in their life.

Friends, co-workers, spouses and children can be the most effective witnesses when trying to prove the severity of the mild traumatic brain injury. These witnesses can effectively paint a “before and after” picture of the plaintiff.

Testimony from lay witnesses is obviously not a substitute for testimony of qualified neuropsychological witnesses. However, the testimony of lay witnesses can very effectively bring to life and validate the very real suffering that the victims of the mild traumatic brain injury often suffer.

If you suffered a traumatic brain injury from playing sports or in a car accident and want information about how lay witnesses can help your Pennsylvania or New Jersey personal injury case, click here to get our free report The Use of Lay Witnesses in the Mild Traumatic Brain Injury Case.

You can also contact our experienced PA and NJ sports injury lawyers if you have any questions about your accident.  Dan O'Brien, Esquire is a lifelong athlete, and his unique personal and professional background has led to him handling sports and recreation accident cases. 877.944.8396.

 

**DISCLAIMER: This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.


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