Suffering catastrophic injuries and developing a lifelong disability is, without a doubt, a tragic thing. However, you may be entitled to compensation to help alleviate some of the financial pressures of living in this situation. Although the plaintiff can easily prove their injuries, proving permanent physical impairment is difficult. It requires the plaintiff to provide evidence and testimony to show how the injuries have affected their life and future, which can be a complicated process. An experienced personal injury attorney can provide appropriate legal assistance in such a case and help assess the need for expert testimony to support your claim.
Here’s an explanation of proving physical impairment in catastrophic injury cases!
Proving Physical Impairment in Catastrophic Injury Cases
You can support your claim for total and permanent impairment based on the injuries sustained in several ways. Some of the critical statements to support your personal injury case may include:
Medical Professional Diagnosis
An official diagnosis by a doctor who has evaluated or treated you for your injuries and disability is essential evidence to demonstrate total and permanent disability.
Since the total and permanent disability claim is tied to your medical diagnosis, a medical professional’s testimony is required. For this, the professional must provide official testimony about the plaintiff’s medical condition about their injuries. Some of the points that the medical professional may address include the following:
- The extent of the injuries
- How the injuries have limited the plaintiff’s ability to perform specific movements and activities
- How the plaintiff obtained damages
- How the lesions have evolved since the time of initial diagnosis
- If the plaintiff suffers a total and permanent impairment due to the injuries suffered
Professional Expert Testimony
Although not required, professional expert testimony can be valuable in proving the impact of injuries and physical impairment. A professional can highlight how the disability and injuries have made the plaintiff unable to do the same job they used to do before the accident. Specifically, an assessment known as a Functional Capacity Assessment (FCE) can be completed by a professional expert on your behalf. This evaluation may include the following information:
- The plaintiff’s physical capacity incapacitates them from fulfilling their previous work responsibilities. In addition, the professional expert can also outline the type of jobs that can be accommodated for the claimant’s inability caused by their disability. Such physical limitations may include the ability to stand for a certain amount of time, bend over, lift objects, walk a certain distance, or perform specific duties important to the job.
- The plaintiff’s psychological capacity, such as their ability to concentrate or meet the mental requirements of their previous job or a job that would fit their mental ability.
Furthermore, the expert may highlight the limited jobs the plaintiff can perform due to their physical impairment, stressing how these jobs differ in salary, availability, and complexity from their previous position.
Personal Health Advisor
A personal health advisor is also an expert testimony that can be valuable to a plaintiff in establishing their total and permanent impairment. Although not a condition in catastrophic injury cases, such testimony can help your case by highlighting the impact on your future needs, your affected quality of life, and the physical impairment you have sustained.
Personal Health Advisors are certified professionals who assess people with chronic health problems and injuries and the person’s needs based on their disabilities. Specifically, they can provide information about what the following person would need based on their injuries and disability, including:
- Whether the plaintiff will require rehabilitation or therapy and, if so, what type and expected duration of treatment.
- Whether they need long-term medical care and, if so, its nature and the professionals who must provide said medical care.
- Whether they require domestic assistance and, if so, the scope of service required and the type of daily activities for which assistance would be required.
Personal Testimony
The plaintiff’s own testimony can help demonstrate the impact of the injuries and disability suffered on their quality of life. Although this statement may seem self-congratulatory, it can help provide a personal narrative of what the plaintiff is experiencing and can emphasize the dramatic changes the physical impairment has brought to their quality of life.
Some of the facts that one can highlight in their testimony include the following:
- The physical limitations or deformities they have suffered.
- The changes in their mental state and the challenges they pose to their daily interactions and lives.
- Emotional complications caused by their physical impairment and injuries.
Talk to a Personal Injury Lawyer Today!
Sufficiently proving physical impairment can drastically impact the compensation amount gained in a personal injury lawsuit and the recoverable damages. A knowledgeable personal injury attorney will gather the type of evidence needed to prove your physical impairment due to the catastrophic injuries suffered.
If you or a loved one are concerned that your injuries have caused a physical impairment, contact Bourassa Law Group, a leading personal injury law firm in Nevada. At the Bourassa Law Group, we have a team of skilled attorneys experienced in dealing with catastrophic injury cases who will fight to prove your physical impairment and get you the fairest compensation for your damage.
Call 800-870-8910 or click here to contact us now.
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