Robert Boyers

Proving Brain Injury

This article is reproduced from the South Florida Legal Guide.

Every parent’s worst nightmare is a catastrophically injured child: A tractor trailer, rockets down the roadway out of control, jumps the median and explodes into an innocent family’s mini-van. In the truck’s destructive wake – a crumpled heap of twisted metal - and a 12-year-old girl with severe brain damage.

Surely, this tragic event would horrify any feeling person. Yet, obtaining full compensation at trial for a catastrophically injured person – whether child or adult - demands skilled advocacy. Only stellar representation can ensure that horribly injured plaintiffs obtain the lifetime care that they need and deserve.

When a person suffers brain damage, that person’s life and the lives of their family members are left in shambles. The extraordinary cost of caring for a severely brain injured person would overwhelm most of us. The total devastation to the injured victim and her family is almost too painful to imagine. And, therein lay the central problem for the lawyer who represents a catastrophically injured client.

People do not want to imagine the suffering of others. Indeed, blunting our capacity to experience the tragedy of others is how most people get through each dismal news day. Jurors employ these same defense mechanisms in the courtroom. The judge and defense counsel will help to numb the jurors by telling them not to decide the case based on sympathy or emotion. This dynamic is worse when the client’s injuries make her incapable of communicating and connecting with the jury.

Jurors may find it easier to distance themselves from your client’s terrible plight by accepting common defense arguments that your client contributed to her own injuries, will get better over time or is already receiving most of the care she needs. Finally, jurors can rationalize that no amount of money will make a difference for the plaintiff, so why waste resources?

When confronted with these obstacles to just compensation, what must the advocate do? Overwhelm the other side with dazzling scientific and technical testimony from neurologists, neuropsychologists, economists and life care planners? In part – yes – because jurors need this ammunition to pull the trigger on a large award. Yet, simply posting facts and figures will mean little if jurors experience it as coming from some other world in which they do not live.

The only way to break the barrier is to compel the jury to live in your client’s world. And, the first step is to enter it yourself! Immerse yourself in your client’s suffering in order to tell her life’s story and convey the full magnitude of her loss. Surely, you cannot make others feel what you do not. Nor can you speak for someone who you do not understand.

Next, present evidence that appeals not only to the cerebral but also to the sensory. Use photos, videos, accounts from people who know and love the plaintiff, and a variety of demonstrative aids, as you speak genuinely about your spiritually adopted family so that the jurors will experience the plaintiff’s daily pain with all of their senses. In the end, each juror must see the plaintiff as a wrongfully harmed member of his own family. Only then will a jury render a just verdict, and only then should you - the plaintiff’s attorney – rest.

Robert B. Boyers

Client Reviews
Rob very successfully represented our family (our son) in a medical malpractice case involving a birth injury where our son suffered brachial plexus at birth.
Rob truly has a passion and an amazing talent for law. His commitment to his clients is truly unwavering and we are forever grateful for the dedication and care that he put into our son's case. Without a doubt it is because of Rob that our son will have opportunities in life he may not have had and will have the resources he needs to make his disablility less of a hindrance for him.
Robert Boyers was recommended to me to handle my slip and fall case. I will be forever grateful to Robert for allowing me to feel that I was in the ‘best possible hands’ throughout the 2+ year process through and including the settlement of the case. Robert’s expertise, professionalism, and compassion were beyond what I observed in the legal field. And, his associate and staff were a fine reflection of Robert’s guidance. Robert was always available to answer any questions or concerns I had. Rhonda
I hired Mr. Robert Boyers for a wrongful death case involving my father. I wasn’t sure what to do, or procedures to take until I met Mr. Boyers. I can say honestly from my heart I’m very thankful I met this attorney. Losing a father, and feeling lost is the worst feeling anyone would have. Mr. Boyers and his staff was very sincere and compassionate the entire time and then after during my case. Erica
I had a major accident where I sustained many injuries both short and long term. I was referred to Rob Boyers by a friend and I contacted him and he came to my house as I was completely incapacitated. He interviewed myself and my family as to the facts of the case and we subsequently hired him to handle my case as it relates to the insurance and the various medical obligations i was incurring.
To that end I am grateful to him and his services and consider him a friend to this day.