Last night I spent an hour or so talking with a brain injury survivor about some of the struggles that she's been through since the auto accident that caused her injury six years ago. There were many hurdles for her—keeping her family together was one—another was the struggle to gain back her abilities. But one of the issues she was most discouraged by was one we often don't think about--it was the emotional battery of proving she is brain injured in order to get a settlement from the insurance company.

 Like rape victims, moderate-brain-injury victims have to defend themselves from the accusation that they are only pretending to be injured.

Brain Injury is, as we all know, an expensive diagnosis for insurance companies because often it means years of treatment . Because moderate brain injuries are often invisible to most people, and difficult to diagnose, victims are assumed to be trying to cheat the insurance companies if their diagnosis is of "moderate" brain injury. They are thrown into stressful hearings and tests, that are almost guaranteed to make them seem more psychologically damaged than brain injured—therefore, not eligible for compensation. Just as rape victims are often assumed to have "asked for it", lawyers often try to portray brain injury victims as cheaters. They are examined and tested and humiliated. The woman I spoke with felt she was treated as a criminal by insurance company attorneys and she was hurt and angry about the process, even though she eventually won her settlement.

One attorney's online blog cautions other lawyers about taking on sure-to-lose brain injury cases. Among the problems associated with brain injury cases are the survivor's history that includes:

• A moderate brain injury with no obvious physical injury

• A car accident with with moderate vehicle damage

• a long delay in being diagnosed

• poor grades in high school

• prior accidents

• a poor work history

• not paying taxes

• other "character" or psychological issues.

I suppose if you're trying to prove a person is cheating, some of these traits might prove a person has character flaws. But does it mean he or she isn't brain injured? I don't think so. Portraying the victims of brain injury as irresponsible or criminal is just the same old dirty trick  that rape victims have been fighting against for generations. And it's wrong.

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