A traumatic event can change everything, not only your health, but also how routine legal matters are handled. As a brain injury lawyer can share, even clients who hire a general practice attorney may suddenly face questions of capacity, guardianship, and accountability that go far beyond ordinary issues.
Legal Capacity And Contracts
One of the first problems that may arise after a brain injury is whether a person still has sufficient mental capacity to enter into contracts, sign wills, or make other legal decisions. A brain injury can impair reasoning, memory, attention, or judgment. If a client is later claimed to lack capacity at the time of signing, agreements may be voided or challenged.
A general practice attorney must be alert to:
- Warning signs of a brain injury, such as unreliable memory, general confusion at times, and an inability to explain decisions
- The timing of the incident. Commonly, by asking questions such as whether the client showed capacity when the document was signed.
- The risk of using medical records and psychological evaluations to support claims, especially when these records are used to refute client credibility
- Whether to recommend a conservatorship, guardianship, or power of attorney
Guardianship, Conservatorship, And Protective Proceedings
In extreme cases, a court may need to appoint a guardian (for personal decisions) or conservator (for financial affairs). What starts as a routine estate planning or power‑of‑attorney discussion may evolve into full protective proceedings if the injury drastically compromises cognition.
An attorney handling family law, elder law, or estates knows when to:
- Petition for guardianship or conservatorship as needed
- Evaluate less intrusive alternatives (limited powers, durable powers, trust-based mechanisms)
- Coordinate with medical providers and neurologists
- Monitor ongoing competency and review whether the protective orders remain necessary
Disputes Over Liability, Fault, And Damages
As our friends at Ausman Law Firm P.C., L.L.O. know, even in standard personal injury or property damage cases, the presence of a brain injury can magnify disputes over causation, fault, or damages. For example, a defendant might argue that the injury was minimal or unrelated, or that the client’s pre-existing conditions explain the issues.
Damages may include:
- Medical bills (past and future)
- Loss of earning capacity
- Pain and suffering
- Emotional distress, cognitive impairment
- Rehabilitation and long-term care costs
An attorney handling injury cases can bring in neurologists, life care planners, vocational specialists, and neuropsychologists to build a robust case.
Confabulation, Memory Errors, And Credibility Issues
Brain injury can produce confabulation, unintentional false memories, or embellishments, particularly after damage to the frontal lobes. In legal settings, such memory errors may be mischaracterized as dishonesty or exaggeration. That can jeopardize a client’s credibility in depositions, trials, or negotiations.
An attorney can:
- Understand the possibility of a memory error (not dishonesty)
- Use medical and psychological specialists to explain memory deficits to judges and juries
- Advocate for allowances in testimony (e.g. permitting review of records, avoiding “gotcha” cross‑examination)
- Maintain transparent communication with the client about memory limits
When a client with a brain injury needs help, routine legal tasks suddenly demand deeper attention. But with awareness, teamwork, and the right safeguards, a general practice attorney can still deliver excellent service in these demanding circumstances. Talk to a lawyer in your area today if you or a loved one has suffered a brain injury.