Of all types of injuries, those to the brain are among the most likely to result in death or permanent disability, according to the International Brain Injury Association. Brain injury is the leading cause of death and disability worldwide, while traumatic brain injury (TBI) is the leading cause of seizure disorders.
In 2021, there were 69,473 TBI-related deaths, according to the Centers for Disease Control and Prevention (CDC). That represents more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day.
These are often complex medical conditions that can create numerous symptoms affecting a person’s cognitive ability, their personality, and their ability to go about their daily life. If you or a loved one has suffered from a brain injury, you understand how broad-reaching its impact can be. It’s even worse if the injury was caused by someone else’s negligence and was completely preventable.
At Shapiro, Washburn & Sharp, we have helped many of our clients recover their damages after a brain injury. Our commitment to excellence is reflected in our recognition as a Tier 1 “Best Law Firm®” for general personal injury law. One of the reasons we are often so successful is that we understand the importance of working with leading medical experts in these types of cases.
Read more below about why these experts are so critical to the success of your claim, and if you need help, contact our experienced Virginia Beach brain injury lawyers at 833-997-1774 for a free consultation.
Why Do We Need Medical Experts?
When we’re fighting for a client in a brain injury case, we understand that we have to show not only that an injury occurred, but also how much it is disrupting our client’s life. That’s because the negligent party’s insurance company will likely downplay the seriousness of the injury or its long-term consequences. Without expert testimony, the other side may be able to convince a judge or jury that the injury was “mild” when in reality, it could permanently affect our client’s ability to work, socialize, or live independently.
One of the most common misconceptions in these cases is that if imaging scans, such as a CT scan or an MRI, come back “clear,” then there is no lasting damage. Insurance companies and attorneys for the opposing side often use these scans to “prove” that the injury was not a significant issue and to minimize claims and payouts.
Modern medical science, however, shows that brain injuries can exist even without obvious imaging evidence. In a 2024 study published in The Lancet, for instance, researchers discovered that even patients with normal CT scans “may experience persistent symptoms for months to years after traumatic brain injury.”
This can occur because imaging tests are not foolproof. Standard imaging often detects large lesions, bleeding, fractures, or swelling. But many brain injuries involve tiny injuries to nerve fibers that can’t be seen on a scan. Other “invisible” changes may include disruptions in connectivity, metabolic dysfunction, and inflammation, all of which can be below the threshold of what these imaging technologies can show.
Timing also matters, as scans done too soon or too late after the injury may miss certain signs, such as evolving lesions or injuries that have spread and become more subtle because they’re not concentrated in one area. The brain may also change over time, with some damage becoming evident only later on.
For these reasons and more, it’s important to have medical experts corroborate the client’s experience to show the true extent of the injury and its impact on the person’s life.
What Medical Experts Are Best in a Brain Injury Case?
Some of the most common medical experts used in brain injury litigation include the following.
Neurologists
These experts specialize in diagnosing and treating brain disorders and problems with the nervous system. They are usually the most essential experts in these cases, as they explain the nature of the injury, whether it’s permanent, and how it affects basic functioning.
Neuropsychologists
These experts examine how injuries affect a person’s cognitive (thinking) abilities, behavior, and emotional regulation. They can, for example, verify that the injury affected the victims’ memory or caused attention deficits and executive functioning problems that impact their daily life.
Neuroradiologists
These specialists review and interpret the images produced by MRIs and CT scans, and then testify about the subtle findings they discovered that may support a certain diagnosis. They often counter the other side’s claims that the scans showed “no injury.”
Vocational Counselors
Brain injuries can cause symptoms that prevent a victim from being able to return to the job they had before the injury. An assessment by a vocational expert can help support the argument that the victim has lost earning capacity. This person examines the person’s ability to perform jobs, then helps to estimate lost earnings capacity. They may also help project how the injury will affect the victim’s long-term ability to earn money.
How a Brain Injury Lawyer Can Help
Having these types of experts on your side is critical to establishing a strong injury claim. Taken together, their testimony can create a comprehensive picture of how the brain injury has affected every part of a person’s life, which can make a big difference in how much compensation a victim may be able to recover.
Having a brain injury lawyer on your side who has a deep understanding of the medical and scientific aspects of brain injuries, as well as the ability to find and work with key medical experts, is critical to the success of your case.
At Shapiro, Washburn & Sharp, partner Kevin Sharp brings a unique perspective to these cases as he was diagnosed with a brain injury himself when he was in college. He notes in this video how he experienced many of the symptoms his clients describe and how his experience gives him a unique empathy for other victims. He is a member of the Brain Injury Association of America and the corresponding association of Virginia. He has lectured to individuals, lawyers, and companies throughout the country concerning litigation involving traumatic brain injury.
If you or a loved one has suffered a brain injury because of someone else’s negligence, contact us right away. We will do everything we can to help you recover your damages, as we did for four members of a family who suffered severe physical and brain injuries when a commercial truck driver rear-ended their car. We helped negotiate a $5.5 million settlement on their behalf.
You can find our offices in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.
RELATED CONTENT
For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
