And Why It's Important!
Why is that important? Well, I'm going to tell you that it literally can make or break your case. There are two categories we have to talk about in injury law: work injuries or workers comp and then personal injury, which includes injuries from car accidents, bicycle accidents, motorcycle accidents, bus or train crashes, dog bites, bar fights, or any other type of injury like abuse in nursing homes or medical malpractice. The most crucial witness in your injury case is a matter of some debate among attorneys, but I'll be honest with you: I don't know. It depends on the day.
No matter how I feel, the most crucial person in your injury case is you because you are the one who was hurt, stressed out, and possibly permanently injured. However, that isn't really what I'm talking about; rather, I'm referring to who is the most crucial person in terms of winning your case and putting forth a compelling argument on your behalf.
There are many lawyers out there who are good lawyers; I'm not saying anything bad about any other lawyers, but sometimes there are lawyers out there with less experience or who are less qualified to handle your case. You're important because usually if you do something wrong or if you do it right it has a big swing can make a big difference in the outcome of your case, but I'm talking about usually who's more important in your injury case a lawyer or a doctor.
The Doctor Can Determine If You're Able To Work Or Not
To be honest with you, in a workers compensation case the doctor you choose to treat you is crucial. Why? Because only a doctor can determine whether you can return to work or not, whether you're totally and permanently disabled, or give an opinion as to the degree of your disability right and at the commission. Comparing this to a lawyer who only handles your kind of injury case and handles them well can make a big difference.
It is crucial to select a doctor in a workers compensation case who is on your side since the judge accords the doctor you choose as your treating doctor a great deal of deference. If your case needs to go to court, this means that the doctor you choose will essentially represent you in court.
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The Outcome Of Your Surgery
The other things you want to look for are if it's a surgical case does your doctor have excellent surgical outcomes is he respected by other doctors and surgeons for his ability to do surgery and improve people's lives. And what is his reputation at the courthouse or at the commission regarding has he never met a person he didn't want to do surgery on does he testify that the person was hurt at work regardless of the facts are you know this sort of thing.
So, in a nutshell, what you're looking for in a work injury case is a doctor who obviously does excellent work and heals sick or injured people. Someone who has an excellent reputation for their technical skill in surgery and things like that, and you're also looking for a doctor who has a great reputation at the commission for being neutral.
Pick A Doctor Who Is With You
But the main thing you're looking for is a doctor who will stand up for you, so if the doctor you're seeing right now is skeptic. Seems like he or she doesn't want to be bothered, or the minute that they hear that you have an injury case or workers comp case, they don't want to hear from you, don't want to talk about it, don't want to treat you, don't want to give you an off work note, nothing.
When you go to court, as an example, a woman who had a workers' compensation case swore up and down and sideways. When she was at her doctor's office, the doctor supported her, but the doctor would not send me the medical records, would not talk to me on the phone, and refused to give a deposition—one of my rare cases that actually had to go to trial. Therefore, if you have a treating doctor who won't appear in court for you or you are aware of
These are the requirements for workers' compensation, but what about third-party cases? Well, in third-party cases it's pretty similar that because in third-party cases like car accidents, dog bites, bar fights, falls, nursing home abuse, medical malpractice, all kinds of injury cases basically other than being hurt at work, it's pretty similar that they won't come to court or won't give you the paperwork you need in your case.
You will not get paid while the case is pending. So I would always try to move cases as fast as possible to get your money, but how does that affect your choice of doctor? A very small percentage of cases settle before we file a lawsuit. But what are we looking for in a doctor?
Willing To Work With Liens
We want someone to give us the strongest case. We also want someone who is willing to work on a lien which means they are willing to treat you and wait to be paid until the end of the injury case. That also means that they will not put your bill in collections, call you or have the collection company call you, send threatening messages.
The last thing you need from an injury case is hassle from the doctor about a bill. You want someone who has experienced injury cases for them to understand what it means to be in a case.
I represented a guy years ago, he insisted to treat with his family doctor who he had known for years but because the family doctor was not familiar with litigation or injury cases, he put things in my client's medical record that reduced the value of the case. What you discover from doing this for years is medical charting, writing down your injuries and in what part of the body is hurt, they are doing a very sloppy work. I have had dozens of cases in my career where in the middle of the treatment, there is a visit that never occurred and it is the wrong person's chart in my client's medical records. That can hurt the case, specially if the doctor does not understand the magnitude of the purposes of litigation.\
It can be cross examined. If you were really injured, it should be written as well as it looks in your body. Inconsistencies in a medical record can kill your case, you want a doctor who is familiar with litigation and understand its requirements.
Look For A Doctor Who Does Not Care About Money
Find someone whose main concern is protecting you and taking care of you, standing up if push comes to shove. Choose a doctor that cares for you and not the money they would get. If your doctor acts like a defense attorney, or hassling you, does not believe you, or skeptical, you might want to consider switching doctors. You are allowed to do that. Find someone who can work on a lien and understands how that works.
There are doctors like that around every city in the United States, but since I am a Chicago, Illinois lawyer, if you need a doctor or a referral to doctor, you can give me a call and I would be happy to talk about the doctors who are reasonable and are willing to help you. However, if your case too advanced, switching up doctors might not be a good idea as it can slow down your case. It's going to be really difficult for you to find another surgeon to take over the case once the surgery has occurred unless it turns out you need another knee surgery to correct the first one, but once the surgery has occurred doctors don't believe that your knee is still bad. For instance, if you needed your knee to be operated on, and the doctor treated you badly after the surgery and didn't think your knee was still bad. That is something to think about, I hope this information helps.
If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session. You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
