Many personal injury cases involve traumatic brain injury (TBI) cause by a closed head injury. The severity of TBI can vary quite widely, with a correspondingly wide range of damages. See generally https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557.
We were recently contacted by an attorney representing the defendants in a case where a child suffered a subdural hematoma during a rear impact car accident. The child’s parents believe that the child has developed cognitive deficits from the injury. We referred a neuropsychologist to the defense attorney. A neuropsychologist conducts an interview and administers a battery of tests that measure cognitive skills and abilities, including attention, problem solving, memory, language, and social-emotional functioning.
If the plaintiff also exhibits behavioral, emotional, or mood changes, an assessment by an MD – specifically, a behavioral neurologist or neuropsychiatrist – will also be needed. The United Council for Neurologic Subspecialties recognizes neuropsychiatry and behavioral neurology as two different names for the same subspecialty, which deals with (among other things) the impact of brain damage on behavior, mood, memory and cognition. Expert testimony by a neuropsychiatrist/behavioral neurologist will also be needed if there is a causation issue. If the damages are strictly limited to cognitive problems and there is no dispute as to causation, a neuropsychologist is the only expert required.
In summary, an attorney (plaintiff or defense) in a TBI case may need a neuropsychologist only, or a neuropsychiatrist/behavioral neurologist may also be required. The case managers at Vident Partners are well versed in this distinction and will make sure to help you choose the correct expert.
