Proving Severity Or Permanence of Claimed Injury

The legal community has established guidelines for verifying the severity or permanence of an accident victim’s injury. By the same token, it has created a guide to the standard features of a permanent injury.

Recognized features of severe or catastrophic injuries

• Physical harm to body, along with development of mental or psychiatric problems
• Harm to body has reduced the functionality of a body part or organ.
• Recognized harm has caused a serious impairment.
• Injury’s existence viewed as cause for interference of victim’s planned activities.
• The injured victim lacks the ability to complete a professional training program.
• The injury’s effect on the body has resulted in interference of the victim’s daily activities.

Recognized features of an injury that has subjected the victim’s body to ongoing and permanent problems

• Problems have existed since the date of the accident.
• The treating doctor does not expect the victim’s condition to improve.
• Limited range of motion in affected area of victim’s body
• Victim has trouble sleeping.

What evidence could prove existence of the features that are listed above?

• Medical records: Must be complete; must include observations made within the 24-hour period that followed the accident.
• Treating doctor has scheduled series of appointments; victim has gone to same appointments.
• Victim has followed the doctor’s plan.
• A victim’s diary or journal has documented the frequency of pain and the duration of each painful sensation.
• Materials that were obtained from any training program that had to be discontinued, following the accident.

Possible roadblocks to the collection of valuable evidence

Victim’s injury has slow-to-appear symptoms; victim not seen by a doctor until severe symptoms noted by victim and members of victim’s family.

Victim or victim’s family has shown a reluctance to share significant facts with the appropriate physician.

Doctors unable to order the correct test; consequently, doctors fail to gather the necessary information.

Doctors use a newly developed diagnostic test or a new type of treatment, and those supporting the defendant question the wisdom behind utilization of the new test or the new treatment. As a result, some evidence viewed as something that is unverifiable, or providing questionable results.

Attorney seeks oral feedback from client, but client would prefer to recount instances of pain or discomfort by putting relevant recollections in writing. Additionally, it is compounded if Personal Injury Lawyer in St. Catharines has failed to seek advice from expert.

Conditions that could qualify as serious or permanent

Paraplegia
Quadriplegia
Loss of a limb

Introduction of some type of device, in attempt to replace a lost function:

—Implantation of a ventricular shunt could become necessary, if an injured victim had suffered a traumatic brain infection, and then developed hydrocephalus.
—Introduction of an artificial limb, after an accident victim has lost an arm or a leg

Leave a Reply

Your email address will not be published. Required fields are marked *