The dictionary’s definition for a catastrophic injury does not match with the definition that serves as the basis for Ontario’s related laws. Those related laws would be the ones that concern disabling impairments. At the same time, Ontario’s insurance companies have chosen to give greater consideration to the definition of a disabling catastrophe, with respect to the way such an event has been defined by the Province. (more…)
Any discussion about the fatigue associated with traumatic brain injury (TBI) should acknowledge the fact that fatiguing influences can affect a body in 2 ways. In other words, because an accident represents one such influence, it can cause either cognitive or physical fatigue, and in some cases both. (more…)
Due to the life-altering effects of a spinal cord injury, personal injury lawyers feel that the victim of such an injury should understand how to go after a fair compensation. After all, someone with an injured spine must deal with the fact that a certain bundle of nerves has been damaged. That is the bundle of nerves inside of the spinal column. (more…)
It has been determined that nearly 160,000 Canadians suffer a brain injury every year with over half of them as a result of motor vehicle accidents and falls. Another 30 percent occurs in youth as a result of sports or other recreational. Much recent media has explored the long-term effects of concussions due to sporting activities. (more…)
The spinal cord remains within a protective covering for its full length. In an adult human, that length can vary from 45 cm to 69 cm. The cord needs that protective covering (the spinal column), because it holds a bundle of nerves. Still, a sudden impact on the bones of the spinal column can damage a section of that same bundle. (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.
More than 30,000 car crashes happen each year and about 50,000 people will receive injuries due to these crashes, including pedestrians and cyclists. While many of these injuries will be minor, there are so many of them that are major, causing catastrophic injuries and in some cases leaving the individual with permanent disability. No one expects to be in an accident when they leave their home to do whatever it is they are going to do, but it happens so quickly that you don’t even know what hits you until it does. It’s important to be aware of the most common injuries received in car accidents, so you can do whatever you can to be more prepared for these injuries in case you are involved in an accident. (more…)