The role of an attorney when handling a brain injury case will most likely require expert testimony. Expert testimony must have a proper foundation. The foundation must be established as reliable scientific evidence under the correct legal criteria. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 597 (1993). If expert testimony is speculative or founded on assumptions that have an insufficient factual basis, the expert testimony will not be admissible. Therefore, a party must lay the proper foundation by having the expert establish: (1) the technique used can be tested; (2) rate of error of the technique; (3) whether the technique has been published or subject to peer review; and (4) whether or not the technique is generally accepted in the relevant scientific community.
A brain injury can occur from a car accident. How many car accidents occur in Texas or its cities like San Antonio or Houston? And how many result in a head injury or spinal injury?