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Traumatic Brain Injury and the Discovery Process in Toronto Courts

Brain Injury Claims are the most serious type of personal injury claim. Brain Injury can render a car accident victim with impaired memory, concentration, ability to process information, dizziness, fatigue, speech impairments, blurred vision, depression, ringing in the ears, moodiness, sleep problems, taste problems, anxiety and other cognitive injuries which only the accident victim himself can truly understand and appreciate.

Brain injured accident victims may ot have the same clear tell tale signs of injury symptoms which people who have broken bones in accidents might have. Case in point. If you’ve broken your femur bone (leg) in a car accident, you will be placed in a cast. One you’re in a cast, it will send a clear signal to the rest of the world that you’ve been injured (perhaps in a car accident, boating accident, or slip and fall accident). But there is no such thing for a cast or crutch for a brain injured accident victim. Some brain injured accident victims are physically unimpaired, but mentally, they’re catastrophically injured.

In such cases, it’s important that the brain injured accident victim, or their family be able to properly explain what exactly their impairments are through the discovery process so that the insurance company has a proper understanding of what it is that the accident victim is going through.

Some brain injured accident victims may tell the lawyer for the insurance company that they do not have any memory issues, depression, or cognitive issues; when in fact, they do. Despite what the medical records from the treating neurologist, neuropsychologist and psychiatrist might say, the lawyer for the insurance company might want to take a risk and try the case before a Judge and Jury knowing that the accident victim himself has a hard time explaining the nature of his injuries. The reasoning being that if the accident victim himself does not believe that he is injured, then a Judge and Jury may also believe that the accident victim himself is not injured. If that’s the case, then the accident victim will have a difficult time getting a substantial monetary damages award at trial in a complicated brain injury case involving a car accident.

Again, because brain injuries have what are essentially subjective cognitive injuries, the accident victim’s credibility, believability and likeability are paramount. If a Judge or Jury does not like, does not believe, or does not trust the accident victim’s testimony, then how likely do you think they are to award that person a significant personal injury damages award for their car accident Toronto case? Not very likely.

Having family members, doctors, neighbours and friends testifying in support of the Plaintiff’s injuries is always very helpful. These people can attest to the changes in personality to the brain injured accident victim. They can speak to the changes in personality, executive functioning, concentration, memory and mood. These are all important factors. But again, it’s paramount that the accident victim present well at discovery and at trial (if the case gets that far and does not settle out of court) in order for the accident victim to attain the best possible monetary damages award.

At Goldfinger Personal Injury Law, Brian Goldfinger has been recognized as an expert in the field of personal injury law. He has assisted countless brain injured accident victims in preparing for their examinations for discovery so that they are ready for the tough questions which the lawyer for the car insurance company will have in store. Proper preparation and the right lawyer for your personal injury/brain injury case is necessary in order to get the most out of it. Call Goldfinger Personal Injury Law today for your free consultation with one of our expert personal injury lawyers.

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