A brain injury can affect numerous facets of the victim’s lifetime. Those affects begin soon after the injury has been sustained. Often, the victim’s symptoms do not highlight the severe nature of the harm that has been done to the victim’s brain.
Headaches can come and go in the life of any stressed or busy person. Consequently, few may pay much attention to the headaches suffered by an accident victim with a traumatized brain. That fact underlines the difficulties experienced by a personal injury lawyer in Oakville has agreed to represent someone with a brain injury.
According to the law, the effects of a head injury cannot be linked to an accident unless the victim’s symptoms appear soon after the same accident. Any symptoms that would be considered remote from that same collision cannot be used to link a past accident with later medical problems. Fortunately, good lawyers have learned how to make such symptoms assume their proper level of relevance.
How lawyers show the relevance of symptoms that the court might view as remote from a specific accident
Lawyers study the nature of the accident? Was it a head-on collision or a rear-end collision. Was the impact to the vehicle strong? Did the impact occur at a spot close to where the victim was sitting?
When did the accident take place? By seeking the answer to that question, an attorney can better judge how difficult it might be to prove the injury’s relevance. The attorney’s follow-up questions help to weaken any thought that a specific injury should be viewed as remote from a given accident.
What were the physical injuries? That would include any painful sensations experienced by the victim at the time of the collision or in the days immediately following that particular event. It could be that the victim’s pain was the most obvious physical injury. The lawyer would need to stress the fact that the pain seemed to hint at emergence of the other symptoms, the ones that the court tends to view as “remote.”
Was there an apparent mental injury? If so, when did it become apparent? Exactly who noted the emergence of that mental injury? The victim can be given an IQ test, in order to seek stronger evidence of a mental injury. Unfortunately, the findings from such a test have more weight, if those findings can be compared with an earlier measure of the victim’s brain capacity.
A young student could provide doctors with such a measure (grades). Unfortunately, the student’s parents might fail to note all the related symptoms. Problems such as headaches, emotional outbursts, trouble sleeping and ongoing anxiety could be linked to the stage through which the injured student happened to be passing.