If the victim of a recent car accident develops a headache, he or she might assign little value to that seemingly common medical problem. After all, people suffer with headaches for all kinds of reasons. Yet the existence of the victim’s headache could prove noteworthy.
All accident victims have the chance to claim 2 types of damages
Special: These are damages that reflect economic losses. Lost wages, lost earning capacity, medical expenses and property damage all contribute to the store of special damages.
General: These reflect the victim’s non-economic losses. These are the losses that can work to increase the value of a head injury.
Nature of general damages that add to the burden of someone with a head injury
Pain and suffering: The victim should keep a record of the times when he or she gets a headache. The length of the headache should also be noted.
Unexplained symptoms: Does the victim ever note the appearance of imaginary lights? Does the victim ever see double? Has the victim ever experienced a period of dizziness? These are all signs of a serious head injury.
Humiliation and embarrassment: Someone with a head injury might have to wear a tiny cap, or be seen in public with very little hair. That can prove embarrassing.
Shock and mental anguish: A head injury could force someone to accept certain changes in their life. Plans might need to be cancelled. In other words, development of a head injury might force the affected individual to make various sacrifices.
Loss of reputation: Performance at work or at school might suffer. Someone dealing with a head injury might have trouble making decisions. The same person might struggle to come up with answers in a hurry.
Emotional distress: Someone with a head injury could find it necessary to deal with distorted perceptions. Sometimes that can impact the creation of a relationship.
Other factors that can increase or decrease the injury’s value:
• If liability of a second party clear, that fact increases the injury’s value.
• If the damages were not mitigated, then that would diminish the injury’s value.
• The plaintiff’s age, occupation, likeability and previous medical history would all influence a determination of the injury’s value.
That last point underscores the need for an early diagnosis. If parents know that a child has been involved in car accident, they should not ignore even mild symptoms, such as a headache. Moreover, the child’s pediatrician should be informed about the appearance of such symptoms.
If the parents have hired a personal injury lawyer in Lethbridge, then might want to arrange for their child to visit a pediatric neurologist. An early treatment could avoid development of a serious medical problem, but one that would not have real value, due to the failure to mitigate symptoms.