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www.canadianlawyermag.com 21 This recognition reflects something bigger: our clients who trusted us through life's hardest moments. TOP 10 SINCE 2011 How functional impact, not diagnosis, determined case value Intake and early case assessment At intake, the case raised immediate ques- tions about viability. The client, a high-level executive, had sustained a mild traumatic brain injury. The injur y was documented, but the absence of significant physical impairment made it unclear whether the claim would meet the threshold. "At the outset, I wasn't sure the case was viable," says Levy. The assessment turned on functional impact. The client's role required sustained cognitive performance, leadership, and decision-making. If he could continue at that level, the claim would have limited value. If not, the financial consequences could be significant. Building the case Rather than moving directly to expert evidence, the firm focused on testing the injury in a real-world setting. "There's no better evidence of inability than a genuine effort that fails," Levy says. The client was encouraged to return to work and engage in rehabilitation. Over time, the limitations became apparent. While he could manage day-to-day activities, the demands of his role exposed the extent of the impairment. That effort became the foundation of the case. Once the functional impact was estab- lished, expert evidence was used to define the impairment and its financial consequences. Negotiation and resolution Negotiations were deferred until the long-term outcome was established. The case ultimately resolved at private mediation, with the client's documented expe- rience forming the basis of the claim. "What made the difference was his effort to return to work," Levy says. His attempts to resume his role and the challenges he faced were documented by both his employer and medical professionals.