Thursday, June 1, 2017

Formalities of Brain Death Case Followed By Personal Injury Lawyer In Chatham

Any injury to the brain causes a lot of harm and when it causes enough damage not to respond to anything during the recovery process, you can be declared ‘brain dead’ by the doctor. When the situation takes such a turn then, it calls for qualified and well-experienced Personal Injury Lawyer in Chatham to handle the situation successfully and effectively to claim for the damages. It will affect the amount of the claim significantly as the entire life and functionality of a person ends, when the brain is dead. In brain dead cases, it is believed that the injured victim will never recover and come out of coma, but to be sure an expert witness is essential in brain dead cases.


Brain Dead Explained

The job of the expert witness is to explain the difference between a normal brain injury and that which causes the death of the brain. Normal brain injury can limit and restrict your functionality but you will still be sensitive to some senses, feelings and reflexes. But when the brain of a person is dead, there is no feeling. Only the heart beats and the person turns to a complete ‘vegetable’ in medical terms. The witness also has to explain and prove to the Personal Injury Lawyer in Chatham that there is no chance of any recovery in the near or far future. Such expert witness will change the entire course of the case.

Type of Case Changes

With the help of the expert witness a Personal Injury Lawyer in Chatham can change the personal injury claim for normal brain injury to a personal injury case for wrongful death even. It all depends on the proficiency and ability of the personal injury attorney. If so happens, then the entire claim amount will increase by a considerable margin as the entire life of the person is compromised. The injured person will have to remain on ventilation, fed through tubes and is bedridden the entire life, if it can be called life that is, or whatever is left of it. This will make the claiming process complex and cause litigation. The success in such cases largely depends on the expert witness, available evidence and the circumstances.

Tests and Examinations Conducted

Part from the expert witness, who have an extensive knowledge about brain and its functionality, the Personal Injury Lawyer in Chatham has to arrange for some tests and exams which will further prove that there is no activity or senses left in the injured victim. Even the slightest sign of sense and feeling will prove the person to be alive and that will once again affect the claim amount. Apart from that other expert physicians are also contacted and if they corroborate the same then only the injury can be considered as wrongful death.

To Be Absolutely Sure

It is the responsibility of the personal injury lawyer to be absolutely sure that the person is brain dead and therefore can issue restraining orders to the hospital asking them not to unplug the ventilators and tubes. After getting all the assurance everyone have to change their mode of operation and file for different set of motions. Visit Here: AB Personal Injury Lawyer