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Proving TBI to cynical adjusters and in courtrooms

July 21, 2014 by Steven M. Gursten

Attorney Steve Gursten speaking on TBI at American Association for Justice Annual Convention in Baltimore

Attorney Steven Gursten

Next week, I’ll be speaking during the 2014 American Association for Justice Annual Convention in Baltimore. I will be speaking to the Motor Vehicle Section on the challenges attorneys face proving traumatic brain injury (TBI) to cynical insurance company claims adjusters and in courtrooms, and more importantly, how attorneys can overcome these challenges to recover fair legal compensation for their clients.

I often speak on traumatic brain injury (TBI), especially from car accidents. Ironically, when I speak to doctors and medical groups, my presentations often focus on the medicine and the evolving science behind this complicated injury, as well as understanding people with TBI.  I say ironically because I’m always amazed how many doctors have outdated notions they learned in medical school about what TBI really is, even when these notions are 30 and 40 years old and have long been disproved.

For lawyers and legal groups, my presentations on TBI often focus on why lawyers must fight for traumatic brain injury victims, and not turn their backs on these cases. Too many lawyers do this, because TBI cases are more difficult, and they’re harder and more expensive than most other types of personal injury. So for this year, my topic is teaching lawyers how to prove brain injury cases to adjusters and juries.

Far too many good personal injury lawyers aren’t taking TBI cases anymore, because they think they’re too difficult to win.  I want to change this.  But first, lawyers have to better understand brain injury.   People with brain injury deserve help. They deserve our understanding. Often, they require our patience.  And they require that we work harder to better understand and stay current with the medicine and science. It’s important for us as attorneys to develop the critical litigation skills to represent TBI victims properly if we undertake these challenging but very rewarding cases. There are very few other cases where a lawyer can make such a big difference in a client’s life.

I look forward to sharing what I know about this important topic during the AAJ convention. The conference runs July 26-29 in Baltimore, Maryland, where accomplished trial lawyers and legal experts and jury consultants from around the country will discuss the latest developments in trial advocacy and in specialized areas of law like brain injury and trucking. There will be nearly 50 cutting-edge Continuing Legal Education (CLE) programs designed to help lawyers better represent injury victims.

American Association for Justice members can find more information and register here.

The American Association for Justice is the nation’s largest association of advocates serving the needs of personal injury victims, with more than 50,000 lawyer members. Michigan Auto Law has been a long-standing member, contributor and lecturer to the organization.

Related information:

VA recognizes TBI linked with Parkinson’s, dementia, depression

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