The need for psychiatry and brain damages care could be felt depending on the nature and intensity of personal injury. The exact cause of injury could vary. For example the victim may have suffered injuries due to slip and fall from first floor of a super market. The other possibilities are auto or truck accidents, defective products, medical malpractice, childbirth, gynecology care etc. In all these cases the injury may lead to critical conditions. If the onset of such conditions are observed within a few days of the accident before the lawsuit, the claimant lawyer may be able to include the expenses occurred within the scope of claim. However there could be many cases in which the onset of critical and chronic health conditions may become apparent many months after the accident. By that time the claimant lawyer would have filed the litigation and won a specific sum of compensation from the defendant and the insurance company through the court of law.
The legal experts at the office of Parker Waichman LLP dealing with such cases late symptom aggravation will be able to provide the best of guidelines. They have dealt with many such cases in the past and they have the experience of handing such situations perfectly.
Trauma Care Expenses
The process of evaluating the expenses associated with the trauma care could be complex. This needs to be supported by a brain injury specialist after examining the patient’s condition over an extended period time.
- The period for which the victim (claimant) is subject to critical trauma care depends on the nature and intensity of symptoms relapse.
- In such incidents the claimant lawyer needs to prove that the relapse of brain injury symptoms is due to their aggravation during the recovery period. In many instances the defendant may try and prove that the relapse has happened due to the negligence of care on part of the claimant, rather than any other reason.
- This is the time when the advice of expert brain surgeon will be required. He may be able to establish the case in favor of the claimant after extensive analysis and tests. But any attempts to reopen the closed case of personal injury claims (especially after the initial settlements are made) could be more complex than the claimant thinks it is. Hence he has to weigh all the probabilities before deciding to stake the claim for additional compensation.
- The probability of taking any failed litigation to the higher courts also exists. In those cases the claimant may choose to go with the same lawyer or he might opt for another lawyer.
In cases where the negligence of the claimant and the defendant are proved to be equal, the court of law may order the defendant to pay 50% of the claim amount as compensation. However the claimant lawyer can try and get the maximum claim of insurance compensation in such cases. He needs to explore the possibility of support from the personal injury law to strengthen the claims.