The hardest case I’ve ever tried was in June of 2019. It was my first traumatic brain injury case, and I knew I needed to prepare thoroughly. I dove into understanding traumatic brain injuries and the best strategies for presenting such cases to a jury. The most challenging aspect was the nature of the injury itself—it’s an invisible one, making it difficult to explain to a jury. This challenge was compounded by a significant time gap between the injury and its diagnosis.
Understanding the Challenges
One of the biggest challenges in this case was the gap between the incident and the diagnosis. There were three years, three months, and six days between the injury and the official diagnosis. Defense lawyers typically highlight such gaps to cast doubt on the injury claims. Knowing the defense team would seize upon this as a major point, we prepared ourselves to address and embrace the challenge head-on in order to succeed in court.
A Milestone Settlement
Despite the challenges, we managed to reach a significant milestone in the case. On the eve of trial, one of the defendants settled for a million dollars. This settlement meant that our client received some compensation for the traumatic brain injury and the subsequent struggles endured on a daily basis.
The Road Ahead
The journey towards justice is not complete yet. After the trial, the defense filed a motion for a new trial, arguing the trial was unfair and containing errors. However, the trial court denied that motion, affirming the trial’s fairness and correctness. We are now awaiting a decision from the court of appeals, and there is a possibility the case could advance to the Georgia Supreme Court. Overall, it may take a few more years to reach a final resolution.
In conclusion, this case has been a journey full of learning experiences and challenges. While the path to full justice is ongoing, we have achieved some significant victories along the way. The complexities of traumatic brain injury cases demand careful navigation, and overcoming the obstacles they present is an ongoing process.