The Role of Neuropsychological Evaluations in Georgia Brain Injury Cases

The brain is the most complex part of the human body. While we largely understand how the different parts of the brain work, the brain’s complexity and billions of neurons make it nearly impossible for scientists to fully understand. This really comes to light when we talk about traumatic brain injuries. People may walk away from an accident appearing to be fine, but underneath, their brains are facing serious struggles. On the flip side, people may have initial signs of brain injury, only to recover in a matter of days or weeks without any medical treatment.

Because of the complexity of the brain, extensive medical documentation is necessary when we’re talking about compensation for brain injuries. Learn more about the role of neuropsychological evaluations, and when you’re ready to discuss your injury in greater detail, call Harris Lowry Manton LLP today.

What is a neuropsychological evaluation?

A neuropsychological evaluation is a battery of tests that care providers use to get information on how your brain is functioning. Neuropsychologists are a key part of care teams when TBI patients seek rehabilitative care. It bridges the gap between the biology of injuries—which may be seen in brain scans and other imaging—and the psychology of injuries—which may not be visible on scans.

During a neuropsychological evaluation, patients tackle a number of tests that measure:

• Memory, including short-term and long-term recall
• Attention span and concentration
• Problem-solving skills
• Reasoning skills
• Language and communication
• Emotional functioning and regulation
• Behavioral control and impulse regulation
• General intellect
• Higher-level skills collectively referred to as executive functions
• Visuospatial skills

The goal of a neuropsych evaluation is to get a full picture of how the injury has impacted a person’s ability to function at work, at home, and in day-to-day life. These evaluations are widely recognized for their ability to pinpoint strengths and weaknesses in a patient’s brain functioning. The evaluation’s results may be used to determine a plan for future treatment and intervention, as well as to explore a patient’s capabilities moving forward.

Why these evaluations matter in Georgia brain injury cases

Neuropsychological evaluations are incredibly valuable in brain injury claims. They provide clarity and context in a variety of areas.

Defining the injury

Brain injuries can be very difficult to understand, thanks to the natural complexity of the brain and the multitude of ways it can respond to trauma. Defining your injury makes it easier for the other side’s legal team and juries to understand what you’re struggling with on a day-to-day basis.

Settlement negotiations

Insurance companies are known for driving down settlement offers in any way they possibly can. If they don’t fully understand the scope of your injury and the ways in which it impacts your life, that’s an easy way for them to offer you less. A neuropsychological evaluation levels the playing field. When your attorney can show them a scientifically backed report outlining your cognitive impairments caused by the accident, it is very difficult for insurers to ignore the severity of what you’ve gone through. When used appropriately, a neuropsychological evaluation can lead to a significantly higher settlement offer.

Jury perception

Not every case settles. When the insurance company refuses to negotiate in good faith, you may have to go to court—and when that happens, you need the jury on your side. A neuropsychological evaluation breaks down your injury into clear, understandable terms that resonate with juries. Instead of talking vaguely about deficits and limitations, a neuropsychologist can use understandable definitions and phrases. For example:

• Instead of saying that someone struggles with reasoning and executive function, they’ll say that a patient cannot follow multi-step instructions, which is likely to impact their ability to work.
• Instead of saying that a patient lacks emotional regulation, they’ll say that the patient reacts to minor inconveniences with aggression and extreme sadness, which has a profound impact on their relationships.
• Instead of saying that someone struggles with short-term memory, they’ll say that someone cannot remember if they turned off the stove or changed the baby’s diaper, posing dangers in day-to-day life.

The role of expert testimony in Georgia

Expert testimony in Georgia is guided by O.C.G.A. § 24-7-702, which defines an expert witness as one who is qualified by knowledge, skill, experience, training, or education and can provide testimony based on sufficient data if the testimony will assist the trier of fact. That testimony must also be the product of reliable principles and methods, and the expert must be able to apply those principles to the case.

Neuropsychologists are often called in to testify on TBI cases because their testimony is both reliable and relevant. Their methods are grounded in heavily tested science and peer-reviewed research.

An experienced personal injury attorney, such as the traumatic brain injury lawyers at Harris Lowry Manton LLP, knows how to select and prepare expert witnesses so their testimony can be useful in court. Your lawyer may use the neuropsychologist’s findings to strengthen the foundations of your case, increase their leverage during negotiations, build a trial-ready case, and demonstrate long-term damages.

It’s important to note that neuropsychological evaluations do not exist in a vacuum, and your attorney won’t use them in isolation. Evaluations work best when they are used in conjunction with imaging scans, witness testimony, the patient’s own words, and reports from other medical professionals. Working with an attorney with extensive experience in TBI cases, rather than just general personal injury law, gives you a shot at fair compensation.

Explore your legal options with Harris Lowry Manton LLP

The team at Harris Lowry Manton LLP helps victims like you seek justice after a serious brain injury. Take the first step now and schedule a consultation by calling us today or contacting us online.