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Do I Need To Talk To An Injury Lawyer?

Back Injury, Car Accident, Construction Accident, Dog Bite, Fall Down Injury, Injury Law Blog, Neck Injury, Nursing Home Abuse, Serious Injury, Workers' Compensation

I was reviewing my legal case files and noticed that about half of my clients waited a LONG time before contacting me about their injuries. This is true in car accident cases, fall down injuries, work injuries, you name it. It is alwyas better to talk to an injury lawyer right after an injury so your know “The Rules” and you know your rights and the correct way to proceed, whether you hire a lawyer or not. But as you will see, there is NO DOWNSIDE and lots of good reasons to talk to an injury lawyer right away. There are plenty of reasons that people DO NOT speak with an injury lawyer soon after a crash. One is that they hope that their injuries will get better on their own, and they do not want to make a big deal about it. Some people who are hurt at work are worried that if they report their injury, they will get in trouble at work or lose their job. Some people do not like the idea of being “one of those people” who hire a lawyer and files a law suit. The trouble with delaying speaking with a qualified, experienced personal injury lawyer is that it can hurt your case and make your case harder to prove, and possibly result in a lesser recovery for your injuries. For example, in a fall down case, I like to have a lot of time to investigate the scene, seek out witnesses, get photographs of the scene, and sometimes, consult with my architect/structural engineer witness to make sure that we have considered...

Neck Injury? Do I Have A Case?

Back Injury, Car Accident, Construction Accident, Fall Down Injury, Injury Law Blog, Neck Injury, Nursing Home Abuse, Serious Injury, Workers' Compensation

Sustaining a neck injury is one of the most frustrating injuries to have, and also one of the most painful and life-altering. Neck injuries are invisible.  There is usually no bruising or bleeding or cuts to see.  But once you have neck pain from a neck injury, you realize for the first time how heavy your head is, and how many times every day you turn your neck. That’s because neck pain get worse every time you move, every time your use your arms, and even when you lay down to try to go to sleep. My clients typically get neck injuries due to car accidents, work accidents, construction accidents and fall down cases.  And the severity and permanence of neck injuries can vary greatly. If you sustain a ‘whiplash’ type of injury to the neck, you are most likely to have a muscle  sprain or strain to the muscles and ligaments in the neck.  These injuries can heal in 8 weeks with proper therapy and medical care.  Or, they can become chronic pain conditions. You can also herniate the ‘shock absorber’ disks in your neck.  The whiplash movement can actually tear the disk and then the disk does not act as a spacer or shock absorber as well any more, and that can cause pressure on the nerves and a lot of pain. Treatment for a herniated or ruptured cervical (neck) disk can include physical therapy, pain medication, and even injections and surgery.  In rare cases, multiple surgeries may be necessary. Finally, a direct blow or trauma to the neck can cause a fracture of the vertebrae (bones)...

Back Injury? Get the Help You Need.

Car Accident, Construction Accident, Fall Down Injury, Injury Law Blog, Neck Injury, Nursing Home Abuse, Serious Injury, Workers' Compensation

A back injury is one of the most common kinds of injuries people can get in car crashes, fall down accident and injuries at work.  They can range from a temporary tweak to a very serious, debilitating kind of injury which could require multiple surgeries and mean that you may never return to work.  Serious business. But the real danger of a back injury is this:  MOST BACK INJURIES HAVE THE SAME SYMPTOMS IMMEDIATELY AFTER THE ACCIDENT. That means that thousands of people who have been involved in a auto accident or a work injury start out with mild tightness and complaints of pain.  The pain and tightness and disability grows over the hours and days after the back injury.  And then, for the more minor injuries, the patient starts to get better, and for the unfortunate people with serious injuries, the pain get worse and worse until it is unbearable and debilitating. Some back injuries involve actual broken bones — fracture of the bony vertebrae.  With this kind of back injury, pain and disability/inability to walk is almost instant after the crash or accident. But the vast majority of back injuries involve the softer, gel-like disks in the back, which are between and cushion the vertebrae. Trauma like an accident, a fall, or a work injury, can result in damage or a tear to these disks, which are nature’s “shock absorbers” for your back.  Once a disk or disks are ruptured or herniated in your back, there are a couple of possibilities. It may mean that after a recovery, you will be pretty much okay, even though you...
Insurance Company Taking Advantage In An Injury Case?

Insurance Company Taking Advantage In An Injury Case?

Back Injury, Car Accident, Construction Accident, Dog Bite, Fall Down Injury, Injury Law Blog, Neck Injury, Nursing Home Abuse, Serious Injury, Workers' Compensation

I speak with many people who are worried about the insurance company taking advantage in an injury case or injury claim.  After representing people who have been injured for approaching two decades, I have talked to many, many people about this. Most people who get a feeling like an insurance company is taking advantage are right.  Unfortunately, you should trust your intuition.  If you think that something fishy is going on and that the insurance company is trying to take advantage of you, they probably are. Insurance companies in injury cases can either play “good cop” or “bad cop”.  In other words, they may never return your phone calls, put you on hold, or act very rude to you when you speak with them about your claim.  They do this to try to make you give up and abandon your claim.  Believe it or not, a lot of injured people give up and never recover on their injury case because they get so fed up with the bad behavior of the insurance company, that they forget about the whole thing. Another example of an insurance company taking advantage could be the “good cop” behavior.  This is when they insurance company is very nice to you on the phone, promises to get right back to you, and then strings you along, hoping that your Statute of Limitations  deadline to file a law suit, will expire.  When you get them on the phone, they apologize for not calling you back.  And every time you talk to them, they need “one more” bit of information or document before they can make you...
What Happens If A Doctor Finds Nothing Wrong With A Workers’ Comp Client?

What Happens If A Doctor Finds Nothing Wrong With A Workers’ Comp Client?

Back Injury, Construction Accident, Injury Law Blog, Neck Injury, Serious Injury, Workers' Compensation

In workers compensation cases, there is always the possibility that a doctor will find nothing wrong with a workers comp client. Treating doctors are very important witnesses in every kind of injury case. But treating doctors, and what their opinions are, are of utmost importance to a workers comp client. That’s because only a doctor can testify about the nature and extent of injury as well as causation. In workers comp cases, causation refers to a doctor’s opinion as to whether the injury is work related. If an injury is not work-related, then you cannot recover for it in a workers comp case. So you see, every workers comp client must have a Dr. on their side to say that the injuries are a result of a work-related incident. However, there are more doctors than just treating doctors that a workers comp client may encounter. These doctors are called IME doctors. IME stands for independent medical examiner. But IME doctors are anything but independent. 100% of the time, these doctors are hired by an insurance company or the employer to minimize the injury sustained by the injured worker, or to deny that the injury was sustained in a work-related accident. Doesn’t this seem unfair to you? Why is it okay for the employer to hire a Dr. just to say that you and your treating Dr. are lying? Fortunately, my experience is that the judges/arbitrators at the commission usually give more weight to what a treating Dr. says rather than what an IME doctor says. That is not always the case. Some treating doctors for various reasons have earned...
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