Not Just a Bump on the Head; Evaluating the Employability of a Traumatic Brain Injured Plaintiff

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A plaintiff is involved in a motor vehicle accident and sustains a “bump on the head,” resulting in a mild traumatic brain injury. Many personal injury attorneys are not cognizant of the impact such an incident may have on an individual’s employability and earning capacity.

Traumatic brain injuries (TBIs) are different from physical injuries as they are not obvious and the result limitations are not easily demonstrative to a jury. Such injuries can result in not only a diminution of cognitive function such as impaired memory or concentration but may also have an emotional component. Many of the complaints of a TBI plaintiff are subtle and subjective, leading the defense attorney to conclude that he/she is malingering.

Due to the uniqueness of a TBI plaintiff, it is most important to obtain a Neuropsychological Evaluation as soon as possible after the accident, and a second evaluation 18-24 months after the accident. Many attorneys are not aware that it takes 18-24 months for the brain to heal after an accident, so no assessment of permanency can be made until this time.

A case example is Ms. Anderson who was involved in a motor vehicle accident on 1/19/14 in which she sustained a traumatic brain injury resulting in short term memory deficits, impairment in organizational ability, impaired concentration, and slowness of thinking.

At the time of the accident, she was 40 years of age with a Bachelor of Science Degree in Legal Studies. She was employed as a Paralegal.

A comprehensive employability evaluation performed on Ms. Anderson found that, due to the residuals of her TBI, she was unable to perform her past relevant work as a Paralegal, unable to transfer her skills to other types of semi-skilled occupations, and was unemployable, resulting in an annual loss of earning capacity of $60,030 over her work life (age 67).  This is a total loss of $1,620,810 over her lifetime.

Occupational Assessment Services specializes in the vocational evaluation of seriously injured individuals such as persons with brain, back, neck, and arm injuries. OAS has been involved as Vocational Expert/Life Care Planners in some of the largest verdicts in the United States, including Escobar vs. the State of New Jersey which received a verdict of $166,000,000 and Verni vs. Armark which received a $105,000,000 verdict. Without the use of the OAS Life Care Planner/Vocational Experts’ comprehensive reports and services, these large verdicts may not have been achieved.

OAS is a Nationwide Vocational and Life Care Plan Expert service with offices in NJ, NY, FL, TX, CT, GA, NV, and CA.  To see how OAS Vocational Expert/Life Care Plan reports can assist you in documenting the damages in your Personal Injury cases, consult www.oasinc.org or call 800-292-1919 for a proposal containing the experts’ professional qualifications, fee schedule, and a sample life care plan report.

Contact the leading Life Care Plan experts at 800-292-1919. Contact the award-winning Vocational Evaluation Experts at Occupational Assessment Services Inc.