Indiana Injury Lawyers Blog

Determining future damages may involve the use of many expert witnesses, including some of the ones discussed below.

Vocational Experts - These experts can help determine the future earning capacity and work ability of an injured party. They look at various factors of the future work capacity of the claimant, including physical and mental work requirements; national and local labor market trends, changes, and statistics; employment practices and expectations of past or potential employers; and vocational and job skill requirements and transferability issues.

Most of the time, a vocational expert will want to interview the client, and also review tax filings, educational background, personnel files, and other documents to help get a picture of the injured party's future income capacity.

Forensic Economists - These experts apply economic theories to the facts of a case to determine damages, both past and future. Most of them have a graduate degree in economics.

According to the National Association of Forensic Economists, topics within forensic economics include: (1) the analysis of claims involving persons, workers, firms, or markets for evidence concerning damage liability; (2) the calculation of damages in personal and commercial litigation; and, (3) the development and use of generally accepted forensic economic methodologies and principles.

Certified Life Care Planners - A Life Care Planner typically is a nurse who is specially trained and certified in evaluating the costs of the future health care of a personal injury victim. Their evaluation methods work with the basic principles that funds need to be available to address an individual's future medical needs, focusing on the prevention of complications and value-added outcomes.

Although often associated with Shaken Baby Syndrome, Diffuse Axonal Injury (DAI) is a growing area of plaintiff's personal injury law, especially in low impact cases like whiplash following an automobile accident.

DAI occurs when the white matter of the brain, which is composed of nerves called axons, is suddenly and violently shaken, twisted, or torqued in some way. Injury occurs because the unmoving brain lags behind the movement of the skull, causing brain structures to tear at a microscopic level.

Basically, the skull moves violently while the stationary brain stays in place, causing diffuse and sometimes extensive tearing of nerve tissue throughout the brain. This event can also cause brain chemicals to be released, causing additional injury and axonal death radiating outward from the tear. This disturbance in the brain can produce temporary or permanent widespread brain damage, coma, or death.

Most troubling for attorneys is the fact that many of these DAI injuries are not accompanied by a loss of consciousness, skull fracture or intracranial bleeding, thus the difficulty of proof at trial.

Research seems to indicate that DAI actually occurs in two phases: the stretching and tearing of the axons at impact and biochemical changes at the cellular level that may result in edema or swelling that occurs at a later time, perhaps as long as several weeks later.

The actual consequences of DAI - even those resulting in mild or moderate alteration of brain function injury - can be as catastrophic and disabling as any other type of brain injury. A person with this injury can experience a plethora of functional impairments, depending on what parts of the brain were torn in the accident. Usually the person will have changes causing irritation or agitation as a hall mark sign and the higher cognitive functions such as memory, communication, understanding and emotion can be affected globally or individually.

2. Assist the injured & protect the scene - If anyone is injured, immediately make arrangements for a doctor or an ambulance to come to the scene of the accident. However, do not try to move the injured persons. This could result in more injuries. If possible, try to warn oncoming vehicles of the collision to avoid further accidents.

3. Call a police officer immediately so an official accident report can be filed. Unless you are injured, stay at the scene and cooperate with the officer.

4. Do not make comments - Give no statements, oral or written, to anyone except the police officer investigating your accident. Keep your accident notes and information to yourself. Do not admit or sign anything, even if you think you are at fault.

5. Take notes - Keep a diary of all significant details concerning the accident. This physical evidence, including position of cars and length of skid marks, will become useful when the case is ready to move to trial or settlement talks. Make a list of all damaged property in addition to your bodily injuries. Also, take photographs of all damages and injuries. Keep track of all doctor visits, prescriptions, contact with insurance comapnies/adjusters, how you feel from day to day and your lack of capablities since the accident.

6. Record witnesses - Write down the names, addresses and phone numbers of any witnesses who may have important information about the accident.

7. Have a physician examine you as soon as possible. Although you may not be bleeding or in pain right away, the accident can be the cause of serious and costly health problems at a later date.

8. Call your lawyer - Contact your lawyer as soon as possible to assist in handling problems associated with the accident. You should be cautious of any person who offers to adjust your case or tries to hurry you into a settlement.

9. Inform your insurance company - Make a thorough accident report to your automobile insurance company.