Issues Affecting the Value of a Personal Injury Case
ISSUES AFFECTING THE MONETARY VALUE
There are a number of other issues that affect the monetary value of a case. Some are specific to the person, some to the situation, and some to the other parties involved in your case.
Many injuries are subject to attack based on that they predated the accident and therefore were not caused by it. Herniated and bulging discs cases, especially the latter, are always subject to the attack that the injury predated the accident. Inevitably, the insurance company hires a doctor to read the MRI showing the disc injury. Unless there is definitive proof that the injury is accident-related, the insurance’s company doctor will undoubtedly say that the injury was degenerative and not accident-related.
Professional Medical Opinion
A credible medical opinion indicating that a hernia is degenerative reduces the value of the case by 50% or more. Your doctor will have to confront this adverse opinion head on for you to have any chance of connecting the disc injury to the accident. Unlessyou can credibly prove this causal connection, you cannot receive compensation for this injury. (Remember, the plaintiff has the burden of proof.)
You will need an MD to make this connection for you. A chiropractor’s opinion will only get you so far. Perhaps a rebuttal by a chiropractor will add 10% back into the value of the case. A neurologist is best, although an orthopedic doctor or even a radiologist may suffice. A well-reasoned opinion by a respected neurologist, rebutting the insurance company doctor’s opinion as to, say, arthritis, may bring the case back to 80% of its full value.
If you need more information or think you need an attorney, please contact Evan Aidman, Esq..