Assessment of Damages

Brain Injury may be mild, moderate or severe.

Mild brain injury may result from a blow to the head, with no or minimal loss of consciousness. It may leave no lasting effects, or may result in permanent deficits that impair one’s ability to think, remember, concentrate, work, control one’s emotions and function in society. It is the most contentious type of brain injury to prove in a litigation context.

Moderate brain injury results from a blow to the head with extended loss of consciousness and frequently results in permanent deficits that impair one’s ability to think, remember, concentrate, work, control one’s emotions and function in society.

Severe brain injury is the most catastrophic and is the easiest to prove in a litigation context. It invariably results in permanent deficits that disable one’s ability to think, remember, concentrate, work, control one’s emotions and function in society.

All head injuries are normally involved in cases of moderate, severe and frequently even minor brain injuries. Reports from neurologists, neurosurgeons, neuropsychologists, occupational therapists, vocational consultants, economists and other specialists are normally required to establish full recovery in cases of brain injury.

Brain Injury may be mild, moderate or severe.

Mild brain injury may result from a blow to the head, with no or minimal loss of consciousness. It may leave no lasting effects, or may result in permanent deficits that impair one’s ability to think, remember, concentrate, work, control one’s emotions and function in society. It is the most contentious type of brain injury to prove in a litigation context.

Moderate brain injury results from a blow to the head with extended loss of consciousness and frequently results in permanent deficits that impair one’s ability to think, remember, concentrate, work, control one’s emotions and function in society.

Severe brain injury is the most catastrophic and is the easiest to prove in a litigation context. It invariably results in permanent deficits that disable one’s ability to think, remember, concentrate, work, control one’s emotions and function in society.

All head injuries are normally involved in cases of moderate, severe and frequently even minor brain injuries. Reports from neurologists, neurosurgeons, neuropsychologists, occupational therapists, vocational consultants, economists and other specialists are normally required to establish full recovery in cases of brain injury.

Definition:

Traumatic brain injury (TBI) is a nondegenerative, noncongenital insult to the brain from an external mechanical force, possibly leading to permanent or temporary impairment of cognitive, physical, and psychosocial functions, with an associated diminished or altered state of consciousness.

Fractures normally disable from work until they heal, or longer if they heal improperly or lead to chronic pain.

Damages for pain and suffering, past loss of income, past cost of care, and frequently future loss of income and future cost of care are awarded for cases involving fracture.

Reports from family physicians, orthopedic surgeons, and frequently occupational therapists, vocational consultants, economists, and other specialists are required to establish full recovery in cases of fracture.
Definition Of A Fracture

Fracture: A break in bone or cartilage. Fractures are classified according to their character and location as, for example, a greenstick fracture of the radius.

Neck injuries may be minor or disabling.

Damages for pain and suffering, past cost of care, and sometimes past loss of income, future loss of income and future cost of care are awarded for cases involving neck injury.

Reports from family physicians, and sometimes orthopedic surgeons, occupational therapists, vocational consultants, economists, and other specialists may be required to establish full recovery in cases of neck injury.
Neck Injury Definition

Common names:

Cervical Injury
Injured Neck
Injury of the Neck
Neck Injury
Neck Pain after Injury
Pain in the Neck after Injury
Painful Neck after Injury
Whiplash

A person with a neck injury has damage to a structure within the neck.

Neck injuries include:

Neck sprain: Injury to the ligaments
Neck strain:
Injury to the muscles or tendons
Neck fracture:
Broken bones in the neck
Neck contusion:
Bruise to the neck
Skin injuries:
Neck laceration
Neck abrasion
Neck puncture wound

Neck injuries often involve some combination of the above injuries.

Back injuries may be minor or disabling.

Damages for pain and suffering, past cost of care, and sometimes past loss of income, future loss of income and future cost of care may be awarded for cases involving back injury.

Reports from family physicians, and sometimes orthopedic surgeons, occupational therapists, vocational consultants, economists, and other specialists may be required to establish full recovery in cases of back injury.
Back Injury Definition

Common names:

Back Injury
Back Pain after Injury
Backache after Injury
Injured Back
Injured Low Back
Injured Spine
Injury of the Back
Injury of the Low Back
Low Back Injury
Low Back Pain after Injury
Pain in the Back after Injury
Pain in the Lower Back after Injury
Painful Back after Injury
Painful Lower Back after Injury

A person with a back injury has damage to the structures that make up the back: bones, muscles, ligaments, tendons, disks or spinal cord.

Fibromyalgia is a chronically painful and a frequently disabling condition that impairs a person’s ability to work or to function outside of work.

The word fibromyalgia comes from the Latin term for fibrous tissue (fibro-) and the Greek ones for muscle (-myo-) and pain (-algia). It is also known as fibrositis.

The existence of fibromyalgia and its relation to personal injury trauma is often hotly contested by the Defendant’s lawyers, who claim that it is nothing other than chronic pain.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are normally claimed in cases of fibromyalgia.

Reports from family physicians, rheumatologists, internal medicine specialists, psychologists, occupational therapists, vocational consultants, economists and other specialists are normally required to establish full recovery in cases of fibromyalgia.
Fibromyalgia Definition

Fibromyalgia: A syndrome characterized by chronic pain, stiffness, and tenderness of muscles, tendons, and joints without detectable inflammation. Fibromyalgia does not cause body damage or deformity. However, undue fatigue plagues the large majority of patients with fibromyalgia and sleep disorders are common.

Fibromyalgia is considered an arthritis-related condition. However,it is not a form of arthritis (a disease of the joints) since it does not cause inflammation in the joints, muscles, or other tissues or damage them. But fibromyalgia can (like arthritis) cause significant pain and fatigue and it can similarly interfere with a person’s ability to carry on daily activities.
Fibromyalgia Symptoms

Irritable bowel syndrome may occur with fibromyalgia. Other symptoms of fibromyalgia may include headaches, painful menstrual periods, numbness or tingling of the extremities, restless legs, temperature sensitivity, and cognitive and memory problems (sometimes referred to as “fibro fog”).

Fibromyalgia tends to affect women. Only 10 to 20% of people with fibromyalgia are men. the diagnosis of fibromylgia in both women and men is usually made during middle age, although the symptoms may be present earlier in life. People with certain rheumatic diseases, such as rheumatoid arthritis, systemic lupus erythematosus (lupus), or ankylosing spondylitis (spinal arthritis) are more likely to also have fibromyalgia.
Fibromyalgia Treatment

Fibromyalgia is not always easy to diagnose because many of the symptoms mimic those of other disorders, there are no visible signs of the disorder that a physician can see and there is no definitive laboratory test for fibromyalgia. The diagnosis of fibromyalgia is a clinical diagnosis. It is based on a history of chronic widespread pain that persists for more than 3 months in combination with tenderness in at least 11 of 18 specific tender point sites.

Treatment is most effective when it incorporates combinations of education, stress reduction, exercise, and medication. The physician, physical therapist, and patient may all play an active role in the management of fibromyalgia. Studies have shown that aerobic exercise, such as swimming and walking, improves muscle fitness and reduces muscle pain and tenderness. Heat and massage may also give short-term relief. Patients with fibromyalgia may benefit from a combination of exercise, medication, physical therapy, and relaxation.

Antidepressant medications may help elevate mood, improve quality of sleep, and relax muscles. The drug Cymbalta (duloxetine) has been reported to be an effective and safe treatment for many of the symptoms of fibromyalgia, particularly in women. Cymbalta targets two chemical messengers in the body, serotonin and norepinephrine, believed to play a role in both depression and pain perception.

Chronic pain is a frequently disabling condition that impairs a person’s ability to work or to function outside of work.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are often claimed in cases of chronic pain.

Reports from family physicians, physiatrists, psychologists, occupational therapists, vocational consultants, economists and other specialists are often required to establish full recovery in cases of chronic pain.
Chronic Pain Definition

Chronic pain: Pain (an unpleasant sense of discomfort) that persists or progresses over a long period of time. In contrast to acute pain that arises suddenly in response to a specific injury and is usually treatable, chronic pain persists over time and is often resistant to medical treatments.

Chronic pain may be related to a number of different medical conditions including previous trauma or injury. Chronic pain may worsen in response to environmental and/or psychological factors.
Treatment For Chronic Pain

There are a variety of treatment options for people with chronic pain. The goal of pain management is to provide symptom relief and improve an individual’s level of functioning in daily activities. A number of types of medications have been used in the management of chronic pain, including acetaminophen, ibuprofen, aspirin, COX-2 inhibitors, antimigraine medications, sedatives, opioids, and antidepressants. Nonmedicinal treatments for chronic pain can include exercise, physical therapy, counseling, electrical stimulation, biofeedback, acupuncture, hypnosis, chiropractic medicine, and other treatments.

Chronic pain is a frequently disabling psychological condition that impairs a person’s ability to work or to function outside of work.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are often claimed in cases of chronic pain.

Reports from family physicians, physiatrists, psychologists, psychiatrists, occupational therapists, vocational consultants, economists and other specialists are often required to establish full recovery in cases of post-traumatic stress disorder.

PTSD Definition:
Post-traumatic stress disorder: A common anxiety disorder that develops after exposure to a terrifying event or ordeal in which grave physical harm occurred or was threatened. Family members of victims also can develop the disorder. PTSD can occur in people of any age, including children and adolescents. More than twice as many women as men experience PTSD following exposure to trauma. Depression, alcohol or other substance abuse, or other anxiety disorders frequently co-occur with PTSD.

PTSD Symptoms:
The diagnosis of PTSD requires that one or more symptoms from each of the following categories be present for at least a month and that symptom or symptoms must seriously interfere with leading a normal life:

Reliving the event through upsetting thoughts, nightmares or flashbacks, or having very strong mental and physical reactions if something reminds the person of the event.

Avoiding activities, thoughts, feelings or conversations that remind the person of the event; feeling numb to one’s surroundings; or being unable to remember details of the event.

Having a loss of interest in important activities, feeling all alone, being unable to have normal emotions or feeling that there is nothing to look forward to in the future may also be experienced.

Feeling that one can never relax and must be on guard all the time to protect oneself, trouble sleeping, feeling irritable, overreacting when startled, angry outbursts or trouble concentrating.

Traumatic events that may trigger post-traumatic stress disorder (PTSD) include violent personal assaults, natural or human-caused disasters, accidents, or military combat. Among those who may experience PTSD are troops who served in the Vietnam and Gulf Wars; rescue workers involved in the aftermath of disasters like the terrorist attacks on New York City and Washington, D.C.; survivors of the Oklahoma City bombing; survivors of accidents, rape, physical and sexual abuse, and other crimes; immigrants fleeing violence in their countries; survivors of the 1994 California earthquake, the 1997 North and South Dakota floods, and hurricanes Hugo and Andrew; and people who witness traumatic events.

Many people with PTSD repeatedly re-experience the ordeal in the form of flashback episodes, memories, nightmares, or frightening thoughts, especially when they are exposed to events or objects reminiscent of the trauma. Anniversaries of the event can also trigger symptoms. People with PTSD also experience emotional numbness and sleep disturbances, depression, anxiety, and irritability or outbursts of anger. Feelings of intense guilt are also common. Most people with PTSD try to avoid any reminders or thoughts of the ordeal. PTSD is diagnosed when symptoms last more than 1 month.

Physical symptoms such as headaches, gastrointestinal distress, immune system problems, dizziness, chest pain, or discomfort in other parts of the body are common in people with PTSD. Often, these symptoms may be treated without the recognition that they stem from an anxiety disorder.

Treatment may be through cognitive-behavioral therapy, group therapy, and/or exposure therapy, in which the person gradually and repeatedly re-lives the frightening experience under controlled conditions to help him or her work through the trauma. Several types of medication, particularly the selective serotonin reuptake inhibitors (SSRIs) and other antidepressants, can also help relieve the symptoms of PTSD.

Giving people an opportunity to talk about their experiences very soon after a catastrophic event may reduce some of the symptoms of PTSD. A study of 12,000 school children who lived through a hurricane in Hawaii found that those who got counseling early on were doing much better 2 years later than those who did not.

Depression is a frequently disabling psychological condition that impairs a person’s ability to work or to function outside of work.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are often claimed in cases of depression.

Reports from family physicians, physiatrists, psychologists, psychiatrists, occupational therapists, vocational consultants, economists and other specialists are often required to establish full recovery in cases of depression.
Depression Definition

Depression: An illness that involves the body, mood, and thoughts, that affects the way a person eats and sleeps, the way one feels about oneself, and the way one thinks about things. A depressive disorder is not the same as a passing blue mood. It is not a sign of personal weakness or a condition that can be wished away. People with a depressive disease cannot merely “pull themselves together” and get better. Without treatment, symptoms can last for weeks, months, or years. Appropriate treatment, however, can help most people with depression.
Signs & Symptoms Of Depression

The signs and symptoms of depression include loss of interest in activities that were once interesting or enjoyable, including sex; loss of appetite (anorexia) with weight loss or overeating with weight gain; loss of emotional expression (flat affect); a persistently sad, anxious or empty mood; feelings of hopelessness, pessimism, guilt, worthlessness, or helplessness; social withdrawal; unusual fatigue, low energy level, a feeling of being slowed down; sleep disturbance with insomnia, early-morning awakening, or oversleeping; trouble concentrating, remembering, or making decisions; unusual restlessness or irritability; persistent physical problems such as headaches, digestive disorders, or chronic pain that do not respond to treatment; thoughts of death or suicide or suicide attempts. Alcohol or drug abuse may be signs of depression.
Types Of Depression

The principal types of depression are major depression, dysthymia, and bipolar disease (also called manic-depressive disease).

Major depression causes a combination of symptoms that interfere with the ability to work, study, sleep, eat, and enjoy once pleasurable activities. Such a disabling episode of depression may occur only once but more commonly occurs several times in a lifetime.

Dysthymia is a less severe type of depression with long-term chronic symptoms that do not disable, but keep one from functioning well or from feeling good. Many people with dysthymia also experience major depressive episodes at some time in their lives.

Bipolar disorder (manic-depressive illness) is characterized by cycling mood changes: severe highs (mania) and lows (depression). Sometimes the mood switches are dramatic and rapid, but more often they are gradual. When in the depressed phase of the cycle, one can have any or all of the symptoms of a depressive disorder. When in the manic cycle, one may be overactive, over talkative, and have excess energy. Mania often affects thinking, judgment, and social behavior in ways that cause serious problems and embarrassment. For example, the individual in a manic phase may feel elated, full of grand schemes that might range from unwise business decisions to romantic sprees. Mania, left untreated, may worsen to a psychotic state. Bipolar disorder is not nearly as common as other forms of depressive disorders.

The signs and symptoms of mania include abnormal or excessive elation; markedly increased level of energy; less need for sleep; grandiose notions; racing thoughts and increased talking; increased sexual desire; poor judgment; and inappropriate social behavior.

Clinical depression is still widely misunderstood. The prevailing attitude is “Keep a stiff upper lip, have a drink, maybe it will go away.” About 12% of men and up to 25% of women suffer from depression during their lifetimes. While more women attempt suicide, men are more likely to go through with it. If you or a loved one is suffering from depression, please seek help.

The laws on fatality in British Columbia do not accord the same respect to those who lost their lives as to those who suffer neck pain.

There are no damages for pain, suffering and loss of enjoyment of life for those who died as a result of their injuries.

If the victim of wrongful is single and living alone, there may be no compensation other than his funeral expenses.

If the victim of wrongful death was supporting a family, members of his family are entitled to claim compensation for loss of financial support.

Even so, lawyers for the Defendant that killed the family’s breadwinner, will argue that full compensation should not be payable, because his widow will probably remarry, and his children will grow up and begin to support themselves.

Wage loss information, vocational and economic reports are required to establish full recovery in cases of wrongful death.

If you or your loved one suffered from thoracic outlet syndrome, contact us for a free consultation.

Thoracic Outlet Syndrome is a compression of the space between the collarbone and rib, which may result in disability from occupations that require overhead lifting.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are frequently awarded in cases of thoracic outlet syndrome.

Reports from family physicians, vascular surgeons, occupational therapists, vocational consultants, economists, and other specialists are required to establish full recovery in cases of thoracic outlet syndrome.
Definition

Thoracic outlet syndrome is a group of disorders that occur when the blood vessels or nerves in the thoracic outlet — the space between your collarbone (clavicle) and your first rib — become compressed. This can cause pain in your shoulders and neck and numbness in your fingers.

Common causes of thoracic outlet syndrome include physical trauma from a car accident and repetitive injuries from on-the-job or sports-related activities. Even an injury that happened long ago may lead to thoracic outlet syndrome in the present. Sometimes, doctors can’t determine the cause of thoracic outlet syndrome.

Treatment for thoracic outlet syndrome usually involves physical therapy and pain relief measures. Most people improve with these conservative approaches. In some cases, however, your doctor may recommend surgery.

If you or your loved one suffered from carpal tunnel syndrome, contact us for a free consultation.

Carpal Tunnel Syndrome is an irritation of the median nerve in the wrist, which may result in disability from occupations that require frequent use of hands. Surgery may be required to alleviate this condition.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are frequently awarded in cases of carpal tunnel syndrome.

Reports from family physicians, surgeons, occupational therapists, vocational consultants, economists, and other specialists are required to establish full recovery in cases of carpal tunnel syndrome.
Definition

Carpal tunnel syndrome: A type of compression neuropathy (nerve damage) caused by compression and irritation of the median nerve in the wrist. The nerve is compressed within the carpal tunnel, a bony canal in the palm side of the wrist that provides passage for the median nerve to the hand. The irritation of the median nerve is specifically due to pressure from the transverse carpal ligament.

Carpal tunnel syndrome (CTS) can be due to trauma. Other factors predisposing to CTS include obesity, pregnancy, hypothyroidism, arthritis, and diabetes.

The symptoms of CTS include numbness and tingling of the hand, wrist pain, a “pins and needles” feeling at night, weakness in the grip and a feeling of incoordination.

The diagnosis is suspected based on symptoms, supported by signs on physical examination, and confirmed by nerve conduction testing.

Treatment depends on the severity of symptoms and the underlying cause. Early CTS is usually treated by modification of activities, a removable wrist brace and anti-inflammatory medicines. Caught early, CTS is reversible. If numbness and pain continue in the wrist and hand, a cortisone injection into the carpal tunnel can help. Surgery is only indicated if other treatments have failed. In advanced CTS, particularly with profound weakness and muscle atrophy (wasting), surgery is done to avoid permanent nerve damage.

The surgical procedure is called a carpal tunnel release. It relieves the pressure exerted on the median nerve within the carpal tunnel. This surgical procedure is performed via a small incision using conventional surgery or a fiberoptic scope (endoscopic carpal tunnel repair).

If you or your loved one suffered from Sjogren syndrome, contact us for a free consultation.

Sjogren Syndrome is an auto-immune disease which may result in total disability from full and part-time work.

Total disability benefits are required in case of Sjogren Syndrome.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care are frequently awarded in cases of carpal tunnel syndrome.

Reports from family physicians, rheumatologists, internal medicine specialists, occupational therapists, vocational consultants, economists are required to establish full recovery in cases of Sjogren Syndrome.
Definition

Sjogren syndrome: An autoimmune disease that classically combines dry eyes, dry mouth, and another disease of the connective tissues such as rheumatoid arthritis (most common), lupus, scleroderma or polymyositis. Inflammation of the glands that produce tears (the lacrimal glands) leads to decreased tears and dry eyes. Inflammation of the glands that produce the saliva in the mouth (salivary glands, including the parotid glands) leads to dry mouth. Sjogren’s syndrome can consequently be complicated by infections of the eyes, breathing passages, and mouth. About 90% of people with Sjogren’s syndrome are female, usually in middle age or beyond.

Sjogren’s syndrome is typically associated with autoantibodies, antibodies produced by the body that are directed against a variety of body tissues. The diagnosis of Sjogren’s syndrome can also be aided by a biopsy of affected tissue.

If you or your loved one suffered from reflex sympathetic dystrophy, contact us for a free consultation.

Reflex Sympathetic dystrophy is a condition that causes atrophy of the leg or arm muscles. It may result in total or partial disability.

Damages for pain and suffering, past loss of income, past cost of care, future loss of income and future cost of care may be awarded in cases of Reflex Sympathetic Dystrophy.

Reports from family physicians, neurologists, physiatrists, occupational therapists, vocational consultants, economists, and other specialists are required to establish full recovery in cases of Reflex Sympathetic Dystrophy.
Definition

Reflex sympathetic dystrophy, or RSD, is a condition that is characterized by pain, tenderness, skin changes, and bone demineralization in an affected upper or lower extremity. A precipitating event occurs in approximately 2/3 of all reflex sympathetic dystrophy cases. There are usually three stages to this condition:
Early Stage:

Symptoms include aching and burning, edema, and increased sweating of the affected extremity. This stage occurs weeks to months after the precipitating event.
Second Stage:

Skin appears cold and glossy. At this stage there is evidence of bond loss on x-ray.
Third Stage:

Atrophy of the muscles occurs and joint contractures develop.

Treatment of reflex sympathetic dystrophy includes stretching, strengthening, steroids, and nerve blocks.