A long-term injury has a long-lasting, and possibly permanent effect on the injured victim’s life. Personal injury lawyers in Kingston refer to such effects as residual conditions. Hence a long-term injury is called a residual injury.
A lingering injury should be documented in the victim’s medical records.
Some residual injuries, such as a scar could be quite easy to see. The medical record should give the reason for the scar’s presence.In order to place a value on a given scar, the scarred victim should learn the cost for removal of that same disfigurement of the skin.
Damage to the vertebra usually causes the injured victim to suffer recurring problems.
—Pain that comes and goes
—Possible lack of mobility
If an implanted device has been used to treat an accident-linked injury, the recipient of that implant must rely on its ability to function properly. If the device were to stop functioning properly, further surgery would be necessary. The need for a surgical operation could disrupt some aspect of the patient/victim’s life.
Essential elements of a medical report, when physician has examined someone with a residual injury
The report should state when the injury-linked event took place.
The report should mention the likelihood for development of residual effects.
What action could an accident victim take, if there was no mention in the victim’s medical report about the likelihood for residual effects?
—The same victim could still mention the chances for the development of such effects.
—That mention should be made during the negotiations.
What could happen if an accident victim were to introduce the chances for long-lasting effects during an attempt at a negotiated settlement?
The adjuster working for the defendant’s insurance company might challenge the veracity of the victim’s statements. Adjusters often pretend to have a generous amount of medical knowledge.
Victims can find it difficult to object to the adjuster’s allegations. That is why a smart accident victim ought to ask the consulted attorney about what sort of contacts he or she might have with members of the medical community.
A good personal injury lawyer ought to understand how to make use of such contacts. A physician could be asked to confirm or refute the statement that had come from the adjuster. In fact, a physician might even be able to suggest a source of additional information.
The physician’s assistance ought to help any attorney to confront the adjuster that has questioned the veracity of a given client’s statements. An experienced personal injury attorney would know that adjusters like to downplay the relevance of any likely development, because it could strengthen a claimant or plaintiff’s case. Plaintiffs that have a strong case are apt to win in court.