How To Get The Max On Your Injury Case Settlement

How to Get the Max on Your Injury Case Settlement

by

Rex Bush

After 25 years of working as an injury attorney on thousands of cases ranging in value from ten thousand dollars to millions of dollars there are three key principles that stand out for me when it comes to getting maximum dollar value from a case. They are:

1) IDENTIFY ALL INJURIES; 2. MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED; 3. MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

STEP ONE: IDENTIFY ALL INJURIES

“What?”, you say, “Isn’t that the doctor’s job?”

Maybe.

But is it the doctor’s job to make sure you get maximum recovery on your case? In this day of specialization doctors are increasingly aware of their own area of specialization and less aware of injuries outside their area. It’s sort of like the “forest for the trees” metaphor. An orthopedic surgeon, for example, can certainly spot a bone break. But is it realistic for him to also know symptoms of TMJ (temporomandibular joint disorder)?

TEMPOROMANDIBULAR JOINT DISORDER

[youtube]http://www.youtube.com/watch?v=S0MXXR9ruko[/youtube]

TMJ is an abnormal condition with facial pain and poor function of the lower jaw. It is caused by a defective or dislocated TMJ joint (i.e. jaw joint).

One common sign of TMJ is clicking of the joint when the jaws move. A young Chinese immigrant was cruising the freeway in his Volkswagen bus one night when he was struck from behind by a semi-truck. His injuries were numerous and various.

One day, after he had seen many doctors, he was visiting with me, discussing his case. My attention was drawn to an audible “pop” sound which coincided with the opening of his mouth. TMJ? You better believe it. He brought it to the attention of one of his doctors so a referral could be made to a TMJ specialist.

HEAD INJURY

Another common malady in accident cases (especially auto accidents) is a “closed head injury”, which is injury to the brain without skull fracture. One type of closed head injury is a “concussion” which is a violent jarring or shaking injury to the brain. Closed head injuries are quite common in car accidents and can occur even though the injured person did not strike their head. There is a type of closed head injury known as “contre-coup concussion” that is described in the following paragraph:

“A rapid acceleration and deceleration of the head can force the brain to move back and forth across the inside of the skull. The stress from the rapid movements pulls apart nerve fibers and causes damage to brain tissue. This type of injury often occurs as a result of motor vehicle crashes and physical violence, such as Shaken Baby Syndrome.” Source: Brain Injury Association of America.

STEP TWO: MAKE SURE EACH INJURY IS PROPERLY DIAGNOSED

How do you make sure each injury is properly diagnosed? Use a checklist.

There at least twelve (12) common symptoms of closed head injury. You can obtain a list of these from a neuropsychologist. (A “neuropsychologist” is the medical professional who specializes in the diagnosis and treatment of closed head injuries.)

You can also obtain from a TMJ specialist, a list of common TMJ symptoms.

Another way to make sure all injuries are identified is to tell your doctor. At your first visit, certainly, but also on later visits. Be sure to tell your doctor about symptoms that are new or worse since the accident. Sometimes your pain might be most severe in your neck right after the accident. Later, when that pain subsides your knee could be troubling you most and your knee could turn out to be the most seriously injured part of your body.

If your doctor doesn’t listen, tell your attorney. You might feel something is minor or not important so you are reluctant to tell your doctor or attorney. The best practice is to tell your doctors and attorneys everything. Let them decide what is important.

If your attorney won’t listen get another attorney. Find someone who will listen. Attorney-client relationships are like all relationships: there is no substitute for good communication. And that requires listening…on both sides.

STEP THREE: MAKE SURE EACH INJURY IS APPROPRIATELY TREATED.

Make sure all of your injuries is appropriately treated by going to the doctor right after your accident. Stoicism was a philosophy practiced in ancient Greece. The essence was “suck it up, don’t complain, be a man.” This philosophy may have worked in Ancient Greece but it doesn’t work in a modern injury case. Not if you want to get top value for your injuries. If you are hurt, go to the doctor. Follow his treatment recommendations.

Insurance defense attorneys love to bring up in court that the injured person did not follow doctor’s recommendations. That’s because juries expect you to follow your doctor’s advice.

There’s a legal principle called “mitigation of damages”. It says you must take steps to reduce the harm you suffer when someone causes you injury. If you fail to follow your doctor’s advice, you have failed to “mitigate your damages.” There is a specific “jury instruction” for this that the judge will give the jury if you haven’t been faithful to treatment recommendations. As a result you may get less money than you deserve.

Even something as small as missing an appointment can make a difference. Doctors don’t like it when patients miss appointments. They sometimes write in large letters: “PATIENT FAILED TO SHOW.” Juries get to see all the medical records. Imagine their reaction to just one of those comments. So make your appointments. Do your part to get better.

If the TMJ specialist tells you to wear your brace daily for six weeks, wear the brace. If your doctor prescribes daily exercises, do the exercises. If surgery is recommended and the second opinion doctor agrees. Get the surgery. Your case will be worth much more after you complete the surgery.

CONCLUSION

By following the advice in this article you avoid mistakes that will cost you thousands, tens of thousands, or even hundreds of thousands of dollars on your injury case.

Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada. For more information on personal injury issues visit his website:

Personal Injury Utah

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How to Get the Max on Your Injury Case Settlement