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Taking A Concussion Or Head Injury Case To Trial In Austin, Texas by Dan Christensen | Aug 11, 2016 | Head Injuries

This is the fourth post in our series the handling of head injury cases in Austin, Texas. Our last post discussed the roles of experts in head injury cases. It is important to understand that expert witnesses will often be required in matters which involve complex damage calculations and lasting injuries. In this article, we will address another important topic – what to expect at trial in such a case. We have previously discussed what to expect at a personal injury trial; this article will focus on issues specific to head injuries. If you have suffered a concussion, a brain injury, or other head trauma then it is crucial that you retain an experienced personal injury attorney to assist you.

Austin trials involving head injuries raise issues related to the victim’s memory

There is an issue in head injury trials which does not arise in other types of cases. That issue is the fact that one who has suffered brain damage, or other cranial trauma, may have been injured in a way which has impacted their memory. This can make remembering specifics of the accident difficult for the victim. Given that evidence of the accident must be presented to the jury, it will be necessary for your attorney to gather information which helps prove what happened at the time of the accident. Such evidence can include other witnesses, video footage, police accident reports, medical records, or anything else that is relevant to the case. If a victim is not able to fully testify in regards to how the accident happened then it can make matters more difficult at trial.

The importance of medical experts is raised by the fact that head injury victims sometimes suffer from a loss of memory. A medical professional will be able to explain to the jury how the injuries have impacted a victim’s memory, why it should be considered understandable that the victim may not recall certain events, and will explain such things in ways which a jury of non-medical professionals can understand. When selecting an Austin head injury lawyer, it is important to select one with experience in such matters and who has the resources necessary to retain such experts.

Our office prides itself on providing the service offered by a smaller firm while possessing the resources necessary to deal with the largest of defendants. Contact us today to speak with an attorney. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.

Defense attorneys may attempt to bifurcate the proceedings in an Austin head injury trial

Insurance defense attorneys will sometimes file a “Motion to Bifurcate” the proceedings in a head injury case. In a bifurcated proceeding, the jury would first hear evidence only related to whether the defendant is liable. They would not hear evidence related to medical issues, injuries, or damages unless they first find the defendant liable. This can be problematic in a case where the injuries have an impact on the victim’s memory; if evidence of the injury cannot be introduced during the liability portion of a trial then the jury may not understand why it is the victim cannot recall certain events. By retaining an attorney who understands the relationships between injuries and liability in head injury cases you help to ensure that the case is fully presented to jury.