Value of Compensable Damages When Making Claim For Long Term Injuries

Any residual damage belongs on a list of compensable damages. Any evidence that an accident victim has sustained such damages helps to substantiate a plaintiff lawyer’s insistence that the associated personal injury claim has benefited from an increased value.

The damages’ effect could get felt repeatedly during the victim’s lifetime.

Personal Injury Lawyer in Halifax knows that the size of the damage becomes irrelevant. The extent of an injury’s effect manages to highlight the element that determines the value of the associated personal injury claim.

Examples of residual injuries

Scarring or other form of disfigurement: The scar could have been created by the damage, or by a surgical procedure. A surgical scar could increase the value of claim in at least one of 2 ways. It could affect the victim’s looks, or it could reduce the flexibility of the scarred region. Back injuries: These normally involve damage to a disk, a vertebra or a joint. Although the pain might disappear, it is likely to reoccur.

Traumatic brain injury (TBI): Sometimes the surgical introduction of a plate in the cranium corrects a TBI. At other times, the implantation of a device such as a shunt might be used to fix a condition that was caused by a TBI. In either case, the brain’s ability to tolerate that foreign object, or the effects of that same foreign object, gets diminished over time.

Methods to be used for producing evidence of compensable damages

Use a medical opinion to verify the existence of any such damage. In the case of scarring of disfigurement, that would entail conferring with a cosmetic surgeon. Consequently, the cost of the conference could be added to the cost of the cosmetic procedure. In the case of a victim with a TBI, the necessary opinion should come from a neurologist. That neurologist could determine whether or not any surgical treatment should be recommended.

Any medical opinion ought to include more than substantiation of the fact that the victim has sustained a residual injury. At the same time, it ought to offer insight into the likelihood that the injury’s presence could trigger the development of future problems. Patients should not expect to get a definite “yes” or “no” answer, when asking whether or not to expect specific complications. Physicians always talk about the likelihood that a certain consequence might result from a given treatment.

Certain consequences, such as possible weight gain can be controlled to a degree. Others, such a diminishing of the sense of hearing should be seen as red flags. Each of them points to a possible complication. Injuries that require a treatment that is likely to cause a complication should concern any physician. That simple fact ought to showcase the value of a residual injury.

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