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Will Personal Injury Attorney in Kanata Explain Defense Practice Regarding Expert Witness?

In injury cases and serious accidents, the defense counsel hires doctors as expert witnesses as the personal injury attorney in Kanata explains. The expert witness states their opinion regarding the accident leading to the injury of the victim. Such tactics are common when the plaintiff suffers from spinal, knee, or ankle injury and the radiology reports indicate arthritis. Arthritis is common in these joints and leads to disability and pain. Accidents whether serious or minor are scary and healing both mental and physical takes time. As the personal injury attorney says, victims have too much on their platter.

They have to deal with medical providers, insurers, and vehicle repair shops besides recovering from their injuries. The defense counsel may bring an expert witness to question your claims. They want to prove that you are lying about the severity of your injuries. The experts never examine, see, or speak to you but only review your treatment reports and medical records. They may say that a treatment or surgery that you went through was unnecessary or was unrelated to the accident. They aim to prove that you would have undergone the treatment even without the car crash. They argue that you suffer from arthritis as the personal injury attorney in Windsor says.

The aim is to stop you from recovering reasonable and fair compensation. They focus on your lifestyle and activities leading up to the accident to find an aggravating factor. For someone suffering from arthritis, they examine whether the person was working, getting the needed treatment from a doctor, had mobility limitations, taking an anti-inflammatory, or pain medications.  They also find out if you could participate in the usual recreational or social activities. The plaintiff may claim that the accident aggravated the condition and made it symptomatic.

Symptomatic according to the personal injury attorney in Owen Sound signifies pain resulting in work loss, activity restriction, and medical treatment needs. When the plaintiff underwent treatment for arthritis just before the accident, the situation changes. During deposition, the expert witness used by the defense answers questions regarding whether they think that the claimant was symptomatic when the accident occurred. If the answer is no, then it is necessary to know about the last time the plaintiff experienced pain and saw a doctor for that complaint.

The regular response is that the last time the victim had to undergo treatment for arthritis is unknown, if ever. The next question to the expert witness according to the personal injury attorney in Owen Sound is whether they know the rate by which the arthritis is advancing yearly. With every patient being different, it is impossible to give a fixed rate of arthritis progressing in a patient.