How Value of Claim Depends On Evidence of Long Term Injury

Both lawyers and insurance companies ask this question, regarding a client’s or policy holder’s injuries: To what extent does the injury affect the victim’s life?

How can a lawyer seek an answer to that question?

The personal injury lawyer in Oakville needs to seek-out a medical expert, and to obtain a medical opinion on whatever injury each victim has sustained. It could be that the lawyer would need to consult with a medical expert about scars. It could be that an attorney would need to discover what level of mobility gets demonstrated by someone that sustained a back injury during a car crash. If a client required some type of surgical procedure, then the lawyer would need to learn how such surgery could affect the client’s injury.

What might be the role of a vocational therapist?

A vocational therapist could determine whether or not the injured victim could recover to the state in which he or she could return to a former job. If that was not the case, then could that injured victim handle any other job that made use of the victim’s skills and education?

Those questions would have to be answered, if the victim were to go after long term disability benefits. Moreover, another question might be added to the list that the lawyer should ask a vocational expert: How could any surgery affect the client’s chances for advancing in his or her field?

Some medical conditions must be corrected with a surgical procedure. Some require the introduction of an implant. Some implants get infected or broken over a given period of time

For that reason, some injuries can affect a victim’s potential for advancing in a chosen career. The need for numerous surgeries can result in creating a resume with unexplained “holes.” Members of a company’s human resource department tend to shy-away from accepting job candidates that have a resume with such holes.

In light of that fact, a lawyer has the right to ask for consideration of a client’s loss of future opportunities. That request should be part of the client’s claim. It would be based on the available evidence of a long term injury.

The vocational therapist would need to provide evidence of the fact that the proposed surgical correction might lead to a disruption of the victim’s/client’s chances for advancing in a chosen field. Such evidence could be used to strengthen the lawyer’s request for consideration of a client’s loss of future opportunities.

A long term injury acts like a chronic medical condition.

Some employers will not grant long term disability benefits to someone with a chronic medical condition. That fact underscores the challenges facing someone that returns to work, despite the disruptive influence of major injuries.

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