How A Personalized Approach Secured Catastrophic Impairment Determination for A Previously High-Achieving Professional

By Roger Foisy on December 4th, 2023

At Foisy & Associates, we proudly call ourselves lawyers for the people, treating every client as a person first. With our guidance, we ensure they receive the care they need and the designation required to support them through their injuries.

In our case stories series, we will highlight people we have helped over the years, sharing their experiences and how Foisy & Associates ensured they received the treatment and compensation they needed.


Meet “Jane”

Jane, a woman in her fifties, was a project manager within a complex industry whose job demanded a high level of skill and intelligence. Her role came with generous compensation, and she worked very hard every day to provide the highest quality of work. Jane and her husband had recently relocated to a beautiful area, settling into a stunning home surrounded by various amenities. Their new residence was nestled in a vibrant community, offering a range of leisure activities, including a golf course and a nearby ski hill. Jane had chosen this area so that after wrapping up her work for the day, she could unwind and enjoy the various recreational opportunities at her disposal.

Unfortunately, Jane’s life was changed permanently after a severe car accident recently after she moved. While she was left with no obvious physical injuries, the accident caused a traumatic brain injury that changed her life in ways that were not immediately visible.

A high-functioning individual, Jane was used to using her brain at levels many could not comprehend. After the injury, however, she struggled with tasks that were once second nature to her. To others, she seemed unchanged, but Jane knew she could not perform at her previous level. This loss of her former self caused her deep distress, and she found it nearly impossible to come to terms with her new reality. She became anxious and depressed as her life changed, eventually unable to do simple things like get out of bed or shower – let alone go to work.

Jane’s insurance company denied her, saying they could not find anything wrong. That was when Foisy & Associates came into the picture. We did not just see a case; we saw Jane’s struggle and the lack of understanding from others. People could not see her injury and did not understand why she could not just ‘get back to normal.’ We knew we needed to provide clarity to show those who could not see the invisible injuries Jane bore.

Helping Others Understand Jane’s Injury

Our law firm took a unique approach to her situation. We knew standard tests would not show the subtle but significant changes in her cognitive abilities. Therefore, we sought out medical practitioners who would conduct personalized testing. These tests had to be sensitive enough to detect the impairments others could not see because Jane was still functioning at an average level.

We advocated for Jane, explaining to medical experts that while she might appear normal in regular assessments, she had exceptional cognitive abilities that she no longer possessed. We needed to prove that Jane’s brain injury had a profound impact on her life despite her high intelligence and ability to function in daily life.

Our medical practitioners created specialized testing to identify the marked impairments in cognitive activity, identifying how things that Jane could complete with ease in the past were now impossible for her to do. This helped clarify to others just how much her traumatic brain injury had affected her daily life.

Recognizing Catastrophic Impairment

Through our efforts, Jane was able to access the treatment she needed and receive a determination of catastrophic impairment. This entitled Jane to $1 million to support her with resources and benefits for her recovery. Finally, Jane could receive assistance to deal with her injuries and their impact.

Foisy & Associates stood by Jane, ensuring her voice was heard in a system that often overlooked such nuanced impairments. We dedicated ourselves to providing her with the support she needed to obtain a determination that would truly understand the struggles she experienced. Our firm believes that every client deserves to be understood in their entirety, not just as a case but as a person with a unique story and individual needs.

We share Jane’s story to highlight our commitment to providing personalized and compassionate legal services. At Foisy & Associates, we don’t just fight for justice; we strive to bring understanding and empathy to every case, helping our clients win their cases and move forward with their lives with dignity and hope. We are here for those who face similar difficulties, ready to listen, understand, and act on their behalf.


If you or someone you love has been denied accident benefits by your automobile insurance provider, we encourage you to contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases and are lawyers for the people who fight to receive maximum dollars for their clients.

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