Retaining an Expert for Traumatic Brain Injury Cases
Retaining experts in TBI cases typically involves a neuropsychologist, vocational expert, life care planner, and forensic economist. Early coordination ensures the neuropsychological battery addresses the vocationally relevant domains.
Checklist
- Identify severity (mild, moderate, severe) from clinical records
- Confirm neuropsychological evaluation has been ordered or completed
- Retain vocational expert, life care planner, and economist together when possible
- Provide all neurological and neuropsych records, imaging, and prior FCEs
- Coordinate between experts on the injury profile and damages scope
Questions to ask the expert
- How do you incorporate neuropsychological findings into your vocational opinion?
- What peer-reviewed literature do you use on TBI severity and worklife?
- How do you distinguish pre-existing from TBI-attributable limitations?
- Have you testified in moderate-to-severe TBI cases?
Timeline
Reports are typically 30 to 60 days from receipt of complete records, extending longer when neuropsychological evaluation is pending.
Required documents
- Neurological and neuropsychological evaluations
- Imaging (CT, MRI, DTI when available)
- Acute care and rehabilitation records
- Employment history, W-2s, tax returns
- Prior cognitive or vocational testing
Common pitfalls
- Retaining before neuropsychological evaluation is complete, leading to incomplete opinion
- Overlooking mild TBI in cognitively demanding occupations
- Scope overlap between neuropsychologist and vocational expert
Frequently Asked Questions
Is a neuropsychological evaluation required?
Neuropsychological evaluation is strongly recommended in moderate-to-severe TBI. Mild TBI cases often benefit but may proceed without, depending on symptom persistence.
Can TBI shorten worklife expectancy?
Peer-reviewed literature supports reduced worklife expectancy in moderate-to-severe TBI. Adjustments should be documented and tied to severity.
References
- CDC Traumatic Brain InjuryGovernment
- NIH NINDS TBI InformationGovernment
Ready to Get Started on traumatic brain injury cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.