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Amnesia issues during personal injury litigation

When an individual suffers a catastrophic brain injury as the result of an auto accident caused by someone else, they or their families may want to seek compensation through a personal injury lawsuit. Cases of this nature can be extremely complex and quite lengthy, and may require the injured individual to testify in court. For the victim, this process can be extremely frustrating. However, if they suffer from injury related amnesia, the entire case can be challenging.

Brain injuries from auto accidents are common and can leave victims in need of customized and ongoing care for the rest of their lives. This care can be extremely expensive and is not usually covered by commercial insurance plans. For this reason, many injured individuals and their families look to a personal injury attorney for help seeking compensation to cover the cost of continuing care. To receive this compensation, it is usually necessary to enter into the litigation process against the individual or entity responsible for the injury. At some point throughout the case, it may be necessary for the court to hear the account directly from the plaintiff by way of a testimony.

The conditions known as post-traumatic and retrograde memory deficit can make giving a clear account of the event that caused the injury difficult for the victim. In some cases, the victim may look and sound completely intact yet they cannot account for the moments leading up to, during and following the accident. For a jury or judge, this can present a major problem when determining fault, responsibility and compensation. In fact, many times a victim's memory loss will come across as confusion or disorientation to a jury and can make the details of the case difficult to identify.

Post-traumatic and retrograde amnesia are very real, very difficult conditions to live with. Victims that have suffered brain injuries and experience these types of memory issues may find it difficult to navigate through the litigation process. Fortunately, by working with an experienced personal injury attorney, victims can stay in control of the litigation process and can receive assistance before, during and after their testimony.

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