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Damages in Tort Actions
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

10-133 Damages in Tort Actions 133.syn


Central Nervous System Impairments: Brain Injury


Robert L. Conason; ;Paul M. Deutsch, C.R.C., Ph.D.; ;Frederick A. Raffa, Ph.D.

Chapter Summary


This chapter from Damages in Tort Actions addresses central nervous system impairments and pays particular attention to the trigeminal, facial, glosso-pharyngeal, vagus, cranial assessory, and hypoglossal cranial nerves. The chapter addresses head injuries in adults and older children; injuries to cranial nerves; congenital brain damage; and cerebral palsy. A glossary of terms and a bibliography are provided.

Damages in Tort Actions (Matthew Bender) provides in-depth legal and policy analyses of compensatory and punitive damages in personal injury and property damage cases, plus case annotations to all jurisdictions and examples of illustrative awards and settlements. It covers damages for pain and suffering, emotional distress, loss of enjoyment of life, medical expenses, loss of earnings and earning capacity, loss of consortium and services, prenatal injuries, wrongful death, destruction of personal property, and more.


damages,head injury,congenital brain damage,cerebral palsy,nerve damage,central nervous system impairment,cranial nerve injury,brain damage


For a discussion of life expectancy related to brain injury, see Chapter 107.

For mild brain injuries, see Chapter 133D.

For a discussion of interviewing head-injured clients and family members, see Chapter 133B.

For an overview of damages, see Chapter 1.


See Traumatic Brain Injury: Evaluation and Litigation (Matthew Bender) for detailed coverage of the medical and neuropsychological analysis of brain injury, including its causes and effects; the process of case investigation, including evaluation of liability and damages; and trial techniques, including settlement considerations.

See Courtroom Medicine--Head & Brain (Matthew Bender) for clear explanations of every type of head injury, its diagnosis and treatment, and the consequences of head trauma, with coverage of epilepsy, loss of vision or hearing, amnesia, and acute and delayed neurologic syndromes.

See Closed-Head Injury: A Clinical Source Book (Matthew Bender) for coverage of the medical and neuropsychological analysis of closed-head injury, including its causes and effects, medical diagnosis, evaluation of damages, treatments, forensic evidence, insurance analysis, and trial techniques.

See Jury Instructions on Damages in Tort Actions (Matthew Bender) for a valuable resource to help lawyers write jury instructions relating to such topics as punitive damages, causation, comparative negligence, personal injuries, wrongs involving intangible property, and misrepresentations.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for the largest and most comprehensive case law compendium in legal literature, with encyclopedic treatment of the personal injury law of every American jurisdiction and coverage of theories of recovery, elements of causes of action, necessary allegations, defenses, and damages.
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