Traumatic Brain Injury Across the Lifespan: A Neuropsychological Tutorial for Attorneys

Abstract

Traumatic brain injuries (TBIs) are prevalent across the lifespan and occur from multiple sources (e.g., motor vehicle accidents, falls, sports injuries, assaults, abuse). Because many of these injuries are compensable, plaintiff and defense counsel often rely on the expertise of a forensic neuropsychologist to help establish or refute the claim of the presence of TBI, or the degree of severity claimed. In this paper, we offer a tutorial in which we provide information that attorneys need to know in handling of TBI cases: We address definitions, epidemiology, pathophysiology, guidelines for grading TBI severity, and treatment. Also, we cover moderating variables that affect TBI outcome and recovery and specific forensic issues that may arise in the neuropsychological evaluation (e.g., symptom magnification, malingering). Although the focus is on mild TBI in adults, we also cover the more serious variants of moderate and severe adult TBI and include a separate all-severity section on pediatric populations. We consider the special challenges the attorney faces, for example, in establishing causality.

Mild Traumatic Brain Injury in the Occupational Setting

“…Contemporary publications, including various position papers by national neuropsychology associations, have emphasized the importance of SVTs in such cases. The majority of SVTs rely on probabilistic analysis of scores (ie, relative to chance) on forced choice tests and comparison with other SVT scores [40].…”