The human body can sustain all injuries when a motor vehicle accident occurs. Sometimes, the impact of a car accident can be so severe it can cause a traumatic brain injury (TBI). Trauma to the head can cause physical and mental complications. Insurance companies can hire experts to test physical injuries and mental trauma to evaluate a personal injury claim. This is called a neuropsychological examination or neuropsych exam. Specific rules must be set up between a brain injury victim and the insurance company before a neuropsychological evaluation. This keeps the game fair. This agreement is known as a stipulation. Think of it as a small contract. When writing a stipulated agreement, we recommend the following terms.

It is a simple concept, but if you do not protect yourself, crafty experts will take advantage of you. Since an attorney cannot be present during the exam, it is crucial to list who will be present. Usually, this is limited to the expert, the client, and no one else. To protect yourself, the plaintiff’s attorney and defense counsel must agree on what types of neuropsychological exams will be administered. Neuropsychological testing can be tricky, so agreeing to all the exams beforehand is vital so that no funny business happens. Like every game, there is a time limit. A general rule of thumb for these exams is usually four hours of testing by the hired expert witness. One common thing that some experts try to sneak in is magnetic resonance imaging (MRI) exams. MRI machines can be faulty and create false or misleading results for a head injury. Before the examination, a top-rated Vallejo brain injury lawyer will provide the expert with all of the previous images and medical records. This prevents the client from taking unnecessary tests for the expert to make their report.

Audio records are allowed since a Vallejo brain injury attorney cannot be at a defense medical examination (DME). But there are some limits. Audio recording can only occur before and after the DME, but not during. Many clients get nervous when they first meet a new doctor, which can be intimidating. It is like having jitters while being on a first date. Only in this example are you going on a date with an expert trying to defeat your traumatic brain injury claim. Experts know this and can take advantage of the situation by asking questions that could harm your personal injury accident case. To protect against this, audio recordings should be demanded before and after the examination.

Many neuropsychic exams can be administered when a client has a neuropsych evaluation. From the results, scores are given. Once the evaluations are completed, the expert will write a report based on the gathered raw data. The insurance company will rely on this report to support their opinions on psychological trauma. Often, if not always, the expert paid by the insurance company will testify at trial that there is nothing wrong with you. To fight this, it is essential to get all the information taken. This includes the tests administered, the raw data collected, and the expert’s final report. You must demand a copy of all of these items. This information is vital because it will be used by your own expert. At trial, your expert will work with your Vallejo traumatic brain injury lawyer to use this information for their own testimony. This allows your team to plan and then question the expert’s credibility to prove that your injuries are real.

Good seafood is not cheap, and cheap seafood is not good. The same can be said for expert witnesses. Neuropsychological expert witnesses are essential members of your legal team. To arm your expert with all of the information they need, it is crucial to consult and retain an expert at the beginning of personal injury litigation. A good expert witness can advise on what tests are being used and why they are being used. This helps with the terms of the stipulation agreement and allows your expert to prepare for trial. This keeps the insurance company honest and provides better results at trial. Again, it is all about keeping the game as fair as possible.

A defense medical examination is challenging to prepare for since many details need to be discussed. These exams can be crucial to the success of a mild or severe traumatic brain injury case. As always, you must hire a traumatic brain injury attorney in Vallejo who understands the personal injury claims process and is ready to fight for your best interests.

The video below discusses a neuropsychological assessment and what you can expect.

You and your family may face many challenges following a traumatic brain injury. Let me handle the details of your TBI case while you focus on recovering from your accident. Call (707) 564-1900 or (800) 404-5400 for free, friendly advice. Visit our Verdicts and Settlements page to see the TBI case results we have previously obtained.

^{Editor’s Note: updated [cha 8.22.23] Image Credit: Pixabay.com JC ds [cs 873]}