Minor Collision Leads Severe Injury Resulting In High Settlement Claim
Personal injury law is often a term used to refer to a bodily injury, a person’s mind which includes a person’s emotional state. We shall look at a case study involving a minor collision which however had devastating concussive injury effects on the life of the person involved in the injury. It is not often that a large compensation amount is awarded to someone in an auto collision, but in rare cases when the injuries are severe enough debilitating to the victim the courts have no choice but to offer a substantial amount so the plaintiff can live as normal a life as possible.
This is a case study involving a doctor from Toronto and a national insurance company. The case is a perfect example of the consequences of a minor collision which are devastating. In this case, the plaintiff was involved in a minor rear end collision way back in 2006. As a result of this accident, he suffered serious post concussive symptoms. The plaintiff, who is a doctor prior to the accident, was of a sound mind and health, was of sound physical, mental and psychological health and led a healthy and good life. This was proved by his medical history and presentations by his injury lawyer. The post concussive symptoms made him stop working, thus ending his career as a doctor. He lost the ability to provide for his family as a result of the accident, this lead the courts to assess the damage to the doctor at over two hundred thousand dollars.
The judge awarded this amount on the strength of the following facts which were strongly supported by authenticated medical records presented by the plaintiff’s medical team and strong argument of the case by his lawyers who specializes in personal injury motor vehicle law. The judge felt that the evidence presented by his team of doctors which supported the fact that post-concussion syndrome is a very valid and generally recognized diagnosis in the medical field, strongly supports the fact that the said post concussion syndrome is what has affected the plaintiff very adversely and led to him not being able to carry on with his job as a doctor.
The judge felt that the plaintiff has proved beyond reasonable doubt that all the symptoms of the post-concussion syndrome which the plaintiff was suffering from came as a result of the accident. This was very strongly backed by his medical history which does not show that the plaintiff ever suffered from all the above symptoms. His doctors and injury lawyer argued this very strongly and with a very strong backing from all the required medical records.
The judge observed that the doctor now suffers from chronic headache which at times is so severe that the plaintiff is forced to seek medication frequently and being put on pain killers and therefore not being able to attend to any chore during this time. The plaintiff also suffers from dizziness, which most of the time prevents the plaintiff from walking, sitting or even carrying out any active task. He is forced to sleep most of the time due to the dizziness. According to the medical records, his doctors and his injury lawyer, nausea and vomiting have become one of the worst illnesses on the plaintiff. He cannot eat most foods and the few types that he can eat are rare and very expensive. He therefore has to dig deeper in his pocket to afford his diet. This, the judge also felt is a very serious and expensive problem to the plaintiff. The judge also felt that mental fatigue impacted very negatively on the plaintiff. He cannot make any informed decisions and most of the time is withdrawn and appears fatigued. He is also always confused; he doesn’t recognize people and events surrounding him and is in a state of permanent confusion. The judge also observed that the plaintiff has been adversely affected by the fact that he is very sensitive to noise and light. This has led to the plaintiff staying very far away from the towns, away from the noise polluted towns. He is also forced to stay in a dimly lit room since he is sensitive to light. This, the judge felt has drastically changed his way of life from the one he led prior to the accident. The doctor was forced to move from his palatial home town house to his remote rural home to stay away from the noise polluted town.
His injury lawyer also tabled medical documents proving the fact that the plaintiff is also suffering from severe depression, anxiety and eye problems. He is so depressed that he has been forced to employ a permanent counselor to try and fix his depression. He has also been forced to seek the services of an eye specialist, whose consultation fee and medication is very expensive. This has led to the plaintiff spending a lot more on medication. The judge also felt that the post concussion syndrome is and will continue affecting the plaintiff a fact which was strongly supported by his medical records. His injury lawyer strongly argued that prior to the accident; the plaintiff was a very vibrant physician, well respected, hard working and confident in his work. He was very energetic and had a very sound memory and healthy. He would very effectively diagnose a problem, find a cure or remedy and diligently solved the problem. He was a go-getter who achieved anything he wanted. He was a very hardworking and efficient renowned emergency room physician at a leading hospital in Toronto. Prior to the accident, he was at the peak of his career and loved to help the sick; he was loved by his patients and the general community around him and still had a long career ahead of him, since he was still young. The judge therefore observed that the plaintiff’s life then changed drastically and abruptly as a result of the accident.
He is now not able to function normally in life and this is bound to affect him for the rest of his life. He is no longer able to make any informed decisions or judgments and is withdrawn socially. He cannot be active for more than 2hrs in a day leaving him symptomatic for the better part of the day. He can no longer practice as a physician and cannot lead his usual social life, cannot even interact normally with his family, friends and colleagues. He can no longer perform his job which he loved the most. His usual desire to inculcate the values of hard work and efficiency in his children has been denied by the accident as a result of his present condition. He has lost the purpose of living any life. The judge therefore having looked at all the above factors, having looked at all the authenticated medical records and also listened to a strong presentation from the plaintiff’s injury lawyer, and feeling that it is as a result of the accident that the plaintiff lost his long cherished career as a doctor, lost his social life as a father and a darling of his friends and patients decided to award him several million dollars as a result of the injuries he has suffered.