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Considerations for Successfully Litigating a Traumatic Brain Injury Case
March/April 2017
Utah Bar Journal


As a complex lattice of neurons, glial cells, and synapses, the human brain is where ideas are formed, emotions are felt, and stimulation initiated. One's ability to communicate, remember, and understand is directly dependent on a well-functioning brain. Indeed, every breath one takes is done at the direction of his or her brain. And while we have learned much about the brain and its function, we remain incredibly ignorant of much of the brain's ability. Accordingly, while cases involving a brain injury intuitively seem straightforward, they are often quite difficult and complicated. Even the most careful practitioner can fail to fully understand and effectively prosecute his or her client's case. Failing to completely understand the nature of a client's injury can be catastrophic. However, among the difficult terrain, advantage awaits. By carefully assessing your case at the outset, one can make strategic decisions regarding which experts to employ, when to press for a settlement, and how to prepare for trial.

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