When an individual is hurt in a car accident and taken to hospital with serious injuries, medical staff will do everything they can to evaluate the extent of the injuries.
Part of this process involves screening the patient for signs of brain injury. The problem is brain injuries are very difficult to identify in some patients.
In fact, some patients even go home and go about their daily lives for a couple of days before they realize they have suffered a traumatic brain injury. They may require extensive medical treatment and rehabilitation programs to get better.
Can you prove a brain injury when pursuing a claim?
Strangely enough, even when a patient is receiving treatment for a brain injury, it could become difficult to prove that a brain injury has occurred for the purposes of pursuing a personal injury claim.
For example, in some cases, a brain injury might be present, but it does not show up on any kind of scans or tests.
The only way to prove the brain injury has happened in these cases is to show the patient has suffered a notable change in their quality of life and/or has suffered a notable decline in physical, cognitive and psychological health.
In cases that involve a patient who is suffering from severe psychological symptoms relating to the brain injury, it may be necessary to call witnesses — such as friends or family members — who can testify that a significant change in behavior has occurred.
Using a checklist to spot the symptoms
As we have indicated in our post on the types of brain injury that can occur in a car accident, the key is to use checklists that detail head injury signs and symptoms.
These symptoms are usually discovered by a skilled physician or a lawyer familiar with closed head injuries. In some cases it will merit a referral to a neuropsychologist, neurologist or both.
At the very least a referral to a registered psychologist is mandatory where these symptoms appear.
If there is a violent collision with or without head trauma, then greater vigilance is required.
Using expert witnesses to support your case
We might employ the services of expert doctors and medical specialists as witnesses. These expert witnesses can provide detailed diagnoses and opinions to support a client’s claim they have suffered brain injuries.
In response, the defendants might produce their own expert witnesses to disprove our client’s claims.
There is a lot at stake in any Ontario brain injury case.
Indeed, brain injuries can result in lifetime disabilities, the need for expensive in-home care and an inability to hold down a job.
Brain injury victims will want to do everything they can in order to secure a financial recovery in court to pay for these costs.
