For many years, lawsuits have been filed by some of the brain-injured victims of an accident. Such a filing can take place while the victim negotiates with the insurance company, or after the victim’s claim has been submitted to the board of a workers’ compensation fund.
Steps to be taken by a brain-injured victim
• Consult with a Personal Injury Lawyer in St. Catharines
• Learn the facts, regarding the legal theory that would function as the foundation of any considered legal case.
• Discover what the plaintiff must prove
• Collect evidence
What brain-injured plaintiffs must prove, after filing a lawsuit against the person responsible for the injury-causing accident?
• The defendant had a duty of care with respect to the plaintiff.
• The defendant breached that duty of care.
• The defendant’s decision to breach his or her duty caused the plaintiff to get injured.
• The plaintiff’s losses were measurable.
• Evidence that has verified the above statements shows that the defendant was responsible for the plaintiff’s injury.
How the evidence could support the victim’s possession of submerged symptoms, those that normally display a delayed onset?
The victim should keep a journal or diary. The victim’s daily entries in that journal/diary should mention even exceedingly mild symptoms. Examples of such mild symptoms would be the following: A series of mild headaches; a tendency to have trouble concentrating; finding it hard to follow directions; and an altered sleeping pattern.
If the medical report were to make mention of such mild symptoms, then the emergence later of more serious symptoms would not seem so surprising. Consequently, an insurance company would have less reason to cast doubt on the veracity of reports about delayed symptoms.
Parents of a brain-injured child could have added evidence
Such parents should share with a lawyer any papers that show the child’s grades both before and after the accident. Those papers could help to support claims that the child was struggling to comprehend material to a greater degree, after having been injured in the head.
Keep in mind though, that all such papers could prove of limited value, if a family doctor or pediatrician had not observed the child’s behavior since the period that followed the accident. The same doctor could also schedule a useful test. Fortunately, the present-day tests, those that involve obtaining an image of the injured brain, are much simpler than the tests that were conducted in the past.
Naturally, insurers do not encourage the scheduling of such expensive tests. Still, effective treatment becomes impossible until the cause of the symptoms has been identified. Moreover, insurance companies insist on having an injured claimant pursue any treatment plan that the claimant’s chosen physician has recommended. The sooner that a treatment plan gets started, the better it works.