Monthly Archives

October 2013

Placing a Monetary Value on a Serious Injury: Surgery and Punitive Damages

Serious Injury Damages

Ruptured discs, bone fractures, and injuries resulting in scarring are generally compensated more generously than are soft tissue injuries. Insurance companies more often than not suspect that soft tissue injuries are imagined or exaggerated. Herniated discs, fractures, and scarring in and of themselves prove injury. These types of injuries are common after a car or…

Placing a Monetary Value on a Soft Tissue Injury

PLACING A MONETARY VALUE ON AN INJURY

Unless you have been in many accidents and sued many times, you probably have no idea of the amount for which a personal injury case should settle. Your fate, for all intents and purposes, is in the hands of your attorney. If the attorney, for whatever reason, wants to settle the case, even though fair value has not been offered, how will you know? Ther…

Suing for Personal Injury-Is it the Right Thing to do?

Damages

Some people object to the very concept of compensating injured accident victims with money. They might feel that individuals who have been injured should simply be strong and bear their losses. After all, their no-fault insurance should cover their medical bills and lost wages. It is a good bet that these people have never been seriously injured in an accident. Nor is it likely that…

Physical Therapy and Personal Injury Litigation – Best Practice

PHYSICAL THERAPY

It is essential that you enter into a physical therapy program as soon as possible after either a motor vehicle or fall down accident. The muscles in the neck and back can go into spasm in order to protect the area from further injury. Physical therapy helps to relieve the spasm and the accompanying pain.

During whiplash type injuries, ligaments in the neck can be damaged.

Managed Care and Personal Injury Litigation – Best Practice

Managed Care

If your family’s health insurance is through a health maintenance organization (HMO), consider the problems of managed care. It can be difficult to get a referral to a specialist since there may be financial disincentives for your primary care doctor to make such referrals. If you are injured in a motor vehicle accident, you may be able to avoid this problem. Assuming that you…

Choosing a Doctor for a Personal Injury Case

Special Medical Concerns

This blog explores the crucial questions involved in choosing the doctors and other medical providers who will treat your injuries. Also discussed is the importance of keeping track of your treatment so that you can assist your lawyer in gathering the medical information needed to represent you properly.

CHOOSING YOUR HEALTH-CARE PROVIDER

If after an accident…

Is there a Medical Malpractice Crisis?

THE MEDICAL MALPRACTICE CRISIS

The insurance industry, in conjunction with business groups and medical associations, attempts to. blame the civil justice system for the medical malpractice crisis in order to further its own agendas. The evidence, however, does not point to the civil justice system as a principal cause of the problem. The reality is that the legal, medical, and insuranc…

Spy Cams Stop Litigation (The Jerk and Jolt Doctrine)

Spy Cams Stop Litigation (The Jerk and Jolt Doctrine)

In the last month I have been approached by three people who wanted to sue the Southeastern Pennsylvania Transportation Authority (SEPTA) because of incidents that occurred involving vehicles operated by SEPTA.  SEPTA now has video cameras on its buses, trolleys and trains.  This is public money well spent, as shown below.  Pursuant to…

Winning Your Medical Malpractice Claim

HOW TO HELP YOUR ATTORNEY

The attorney performs the vast majority of the work necessary to prepare a medical malpractice case without the client’s involvement. There are, however, a number of ways you can assist your attorney throughout the course of the case.

Keep your attorney updated regarding your medical condition and treatment. Save all insurance statements and medical bills and…

Settling Medical Malpractice Claims

SETTLING THE CLAIM

As a general rule, medical malpractice cases are difficult to settle for a number of reasons that have nothing to do with the merits of the case. First, many malpractice insurance agreements contain a provision that the insurance company cannot settle the case without the doctor’s written consent. Since in most cases it is not the physician’s personal assets at risk, ther…

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