If you become disabled and cannot work, you begin to search for a source of monetary support. If you have a long term disability policy, you can request the type of benefits that are meant to furnish the policy holder with a source of temporary support. When you apply for those same benefits, you hope that there will not be any delays. (more…)
In a court of law punitive damages may be awarded to an accident victim. The victim can win that award if the injury has resulted from performance of a certain type of behavior by another person. The damaging behavior must have been so terrible that it could be described as evil or inconceivable. (more…)
When a teenager borrows the family car, that teen’s parents have given what is known as implied consent to the teen driver’s excursion. Hopefully, that mother and father know that the person borrowing the car has a license. Ideally, the two of them have thought ahead to this moment, and have agreed that their son or daughter appears to be responsible. (more…)
Of all the injuries that a plaintiff might have suffered, brain injuries belong in a special category. Typically, each of them forces a plaintiff’s lawyer to learn about specific legal and medical issues. Yet most cases are caused by simple negligence.
What the lawyer should assemble
An Injury Lawyer in Cornwall must be careful to come forward with all of the essential and relevant materials, if that legal professional hopes to win a specific lawsuit. The law requires that the defendant has been reasonably careful. By the same token, the plaintiff owes to the defendant a show of past willingness to be careful.The lawyer for the plaintiff must produce evidence that the defendant did not show reasonable care towards the accuser (the injured party). The lawyer for the plaintiff needs to show that the defendant’s actions or lack of action caused the accuser’s injury.
By the same token, the lawyer for the plaintiff must convince the jury that the loss suffered by the injured party is measurable under the law. The lawyer may want to show negligence on the part of a manufacturer. That evidence must link the negligence to development of the brain injury. Once the lawyer has such evidence, he can bring charges against the maker and the distributor of the injury-causing product.
Added challenges facing the plaintiff’s lawyer
The lawyer cannot hold anyone responsible for the brain injury until a diagnosis has been made. Unfortunately the signs of a problem might appear quite slowly. Here are the areas where those lawyers that handle brain injuries look for evidence of subtle changes.
• Changes in the plaintiff’s ability to concentrate
• Changes in the plaintiff’s memory
• Changes in the plaintiff’s emotions
• Changes in the plaintiff’s behavior.
Ideally, the lawyer for the defendant will realize that a diagnosis cannot be made overnight. Sometimes a word of legal advice may be needed, in order to alert the defendant’s lawyer to that fact. For example, an employee with a chronic condition, which was corrected by a device in the skull sought to make a claim. She had experienced double vision, after being required to go up and down the stairs four to five times in the course of one 30 minute time span. She happened to work for a company that made diagnostic kits.
That same company was used to aiding the securing of a rapid diagnosis for a large number of different conditions. It questioned the need to devote added time and effort to determining the cause of the one employee’s double vision. Fortunately, the female employee was married to a member of the paralegal profession. He managed to convince the members of the Human Resources Department that all the testing was being completed and analyzed as efficiently as possible. That is just one example but there are plenty of symptoms that crop after varying situations are experienced, as brain injury symptoms are reflected in different scenarios.