Is Legal Representation Required If Injury Caused Long Term Permanent Impairment?

Often a long-term injury falls into the category of catastrophic injuries. It causes the victim to have an ongoing disability or disfigurement. It may keep the patient from returning to work. Long-term impairment will definitely qualify as a catastrophic injury if it can triggers the development of two further problems.

• It causes the victim to need some level of assistance
• It keeps the victim from earning a living in the same or similar field of work

Complications associated with seeking to show that victim has suffered a catastrophic injury

First of all, note that any personal injury lawyer in Oakville that wants to prove that a given client has suffered a catastrophic injury must offer evidence for the existence of both problems. An injury could leave a victim unable to follow a line of work similar to his or her earlier field, but that same victim might not need daily assistance.

Second, the court uses a measurement of a victim’s ability to return to the same job as evidence that the victim did not suffer a catastrophic injury. This approach seems to ignore the possibility that a child or a teenager might be forced to deal with a catastrophic injury. Neither of them would have a job, at least not one that would demonstrate possession of skills in a specific field.

The third complication: In order to make a strong argument for an accident’s catastrophic nature, the lawyer must focus on the problems that need to be present. Yet a lawyer will have trouble focusing on such problems in the absence of a medical expert.

Knowledge possessed by such a medical expert

• Knowledge of the medical process that should work to ensure the patient’s recovery
• Knowledge of the possible hurdles on the way to that recovery, such as knowledge of any complications that might arise

When an accident qualifies as catastrophic, it forces the end to the routines that had always been part of the victim’s lifestyle. What name should the legal system give to an accidental occurrence that forces the victim to undertake a prolonged recovery? Moreover, should a victim be forced to declare a recovery complete, if the field of medicine still has lots to learn about the procedures that were supposed to ensure that recovery?

Medical researchers showcase the fact that medicine still seeks further answers on certain conditions and certain treatment. At the same time members of the legal field must grapple with the fact that a different series of questions needs to be answered by experts in personal injury claims. The existence of such unanswered questions helps to highlight the nature of the factors that can complicate the life of someone that has endured a catastrophic injury.