Brain Injury Litigation

The preparation and presentation of a brain injury case to a jury is extremely challenging.  Many trial lawyers say a brain injury case is the most difficult of all injury lawsuits.  And, most will admit not every trial lawyer possesses the knowledge, skill, and understanding to represent a brain injury victim effectively and appropriately.  Very few do.  The very nature of the injury, and the linking of the causative event to the damage, is often difficult to understand much less explain to the average person (juror).  It takes years of study to grasp the enormity of the undertaking.  It takes

Liability, causation, and damages are the three basic and essential elements of every injury case.  Presenting proof on each of these during a trial is the responsibility of the plaintiff (injured person).  All three must be proved for a successful case. – Charlie Waters Liability, causation, and damages are the three basic and essential elements of every injury case.  Presenting proof on each of these during a trial is the responsibility of the plaintiff (injured person).  All three must be proved for a successful case. Liability essentially means “fault under the law” for what happened.  If no one was at fault under the

When it comes to brain function and injury, medical terminology can be a language foreign to just about everyone. Most people simply don’t chat about neurons, dendrites, axon terminals, neurotransmitters, and excitotoxicity around the office water cooler or over breakfast with the family. A good brain injury lawyer certainly knows that. An experienced brain injury lawyer also knows he/she must talk with a jury and not at a jury and certainly not “over their heads” about the brain. The question is how to do that? How to make simple something so complex? The answer lies in breaking it down and

It has been said “a trial is storytelling with a purpose” and I agree.  Parts of a brain injury trial inescapably involve the inherent complexity of brain structure, injury, and treatment, but simultaneously running throughout is the underlying narrative of a life challenged by a powerful injury.  That storied current should flow with all testimony and evidence, revealing a past and now different world for the injured and an emerging portrait of courage and triumph.  The trial cannot be the sounds of a series of witnesses singing independently.  It should be a chorus of component parts singing in harmony, complementing,

“To my amazing and courageous clients, you inspire me every day.” – Charlie Waters You are my client and you have a great story. I have come to know you and your family well.  I know what your life was like before your brain injury and what it’s been like since.  I know your pain.  I know your anguish.  I know your struggles and your heartache.  I know how much you miss “the old you”…the one that was energetic and optimistic…the one who felt could do anything.  I know you desperately long for the days when you were quick to