Blog Topic

Soft Tissue Injuries--Neck and Back Strain/Sprain
Posted by: euser
October 14, 2008

The most common injury sustained by someone who has been involved in a motor vehicle collision is a neck and back strain/sprain.  This injury is also called a soft tissue injury, or a connective tissue injury, or whiplash.  While these injuries can be painful, and cause true suffering, it can be difficult to obtain fair compensation for these injuries.  This is due to a decades long propaganda campaign waged by the insurance companies, costing millions of dollars, to convince people that these "whiplash" injuries are fake, and that the people who claim these injuries are fakers.  Unfortunately, this propaganda campaign has been largely successful, and has infected our jury system.

However, these cases can be successfully pursued and resolved.  There are facts common to successful soft tissue injury claims.  The more factors that are present in a case, the more likely the case will be successfully resolved.  These factors include:

• Clear, uncontested liability on the part of the negligent adverse party
• Substantial, clearly visible property damage to the injured parties' vehicle.  If the vehicle was not driveable from the scene of the collision, and had to be towed, that increases the likelihood of success of the claim
• The injured party reported being injured at the scene of the collision, and showed visible signs of injury
• The injured party was transported from the scene of the collision by ambulance
• The injured party was treated at a hospital emergency room immediately after the collision
• The emergency room physicians diagnosed a cervical (neck) and/or lumbar (back) strain/sprain
• Radiology or other examination confirmed objective findings, including muscle spasm, or a straightening of cervical or lumbar lordosis
• The emergency room physician prescribed medication, and instructed the injured party to follow up with his or her family physician
• The injured party followed the emergency room physician's instructions, and timely follwed up with his or her family physician
• The family physician notes that the injured party had not previously sustained a similar injury
• The family physician confirms the diagnosis of the emergency room physician, and prescribes a course of physical therapy to treat the injuries
• The injured party complies with the course of physical therapy, follows the restrictions placed on him or her by his medical providers, and goes to each and every appointment, without no shows, and without any gaps in treatment
• After a reasonable period of treatment, the injured party improves, and recovers from his or her injuries

If you or someone you know has been injured in any type of injury producing event, please call me for a free consultation, and allow me and my 32 years of experience advise you appropriately.

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Drunk Driving
Posted by: euser
October 14, 2008

If you've been injured in a motor vehicle collision, and the driver who caused the collision was under the influence of alcohol or drugs, you may be entitled to punitive damages.  While you are entitled to be compensated for your medical bills, lost wages, and pain and suffering, in a punitive damage case, you are also entitled to damages to punish the other driver for their wrongdoing.  In my experience, the public, including the juries who decide these cases, is fed up with the carnage on the highways caused by drunk driving, and are willing to award punitive damages under the appropriate circumstances.

For example, in a case I settled in 2008, I represented a woman who was rear-ended in a traffic collision.  She received soft tissue injuries to her neck and back, and was treated by her family doctor and a physical therapist.  Normally, this kind of case is settled for a modest amount.  However, a drunk driver caused the collision.  It was his second offense.  He fled the scene of the collision.  At the time of the collision, he was on the job, driving a company vehicle.  When I took his deposition, he testified that he was aware of the dangers of drinking and driving, and admitted that although he knew the dangers, he didn't care about the safety of the public.  On further questionning, he said that drinking beer was more important to him than the safety of the public.  Additionally, I took the deposition of an executive of his company.  He testified that his company didn't have any policies and procedures in effect to review the driving records of their employees, and didn't know his employee had a drunk driving record.  Because of this strong evidence, and the exposure to a punitive damage claim, this case settled for $400,000.00.

Luckily, my client was not more seriously injured.  Drinking and driving is a serious offense, and I do not represent people charged with drinking and driving.  I only represent people harmed by drunk drivers. If you've been injured in a motor vehicle collision, please call me.  I want to help you.

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It's Not an Accident
Posted by: euser
October 14, 2008

When you've been injured in a motor vehicle collision, you should not call it an "accident".  To most people, including jurors, an accident is something that is no one's fault.  If you've ever been rear-ended in a motor vehicle crash, it's no accident.  It was the fault of the person who hit you.  Instead of upholding their obligation to pay careful attention to traffic, they decided not to pay attention, and in so doing, they literally chose to crash into you.  Their insurance company wants you to call this an accident in order to minimize their responsiblity.

If you've been in any motor vehicle collision, and you've been injured, please call to me to discuss your rights, as well as the responsibility of the other driver and his or her insurance company.

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