Articles Posted in Evidence

IMG_854498% of cases settle out of court. In my 37 years of practicing personal injury law, I have never met any one who wanted to testify in a trial. My job is to get my client as much money as possible. Attempting to reach a favorable out of court settlement is often in his or her best interest.

After a thorough investigation and compilation of medical records, lost wages, and other documents, with the consent of my client, I often forward a complete demand package to the at-fault driver’s insurance company adjuster and attempt to negotiate a favorable out of court settlement.

The key to success is a well written demand letter. It’s a powerful tool that maximizes my client’s damages and has these distinct advantages:

  • It can resolve the claim in months — not up to the two or more years in can take to actually get to trial;
  • It saves thousands of dollars in additional legal fees, filing fees, court expenses, deposition fees, expert’s bills, and a host of other expenses; and
  • It avoids the anxiety of testifying and leaving the decision in the hands of 12 strangers who may rule against our side or even be biased against lawsuits or injury cases in general.

Of course I plan as if I’m going to be in trial, knowing that any case may not be successfully resolved.  And some cases must be filed in court immediately and others will never settle for as much money as I want my client to receive and suit is filed.

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brain scan

Neuroscience Provides An Answer

The pain a person feels after being in a automobile collision can range from uncomfortable to debilitating. It can interfere with your ability to care for yourself, go to work, and enjoy your life.

Pain is subjective and notoriously difficult to quantify. That’s one reason this claim for damages is vigorously contested by insurance companies and their lawyers. 

Fortunately advances in neuroscience may provide concrete evidence to prove this damage in car accident and personal injury claims.

Subjective Nature of Pain

During your medical treatment, your doctor asks you “Where does it hurt?” and “How much does it hurt on a scale of one to ten?” 

However your response may not be that accurate. Pain may radiate or pulse or seem to come from everyone or from a place other than where you suffered an injury. What feels like a three to you might feel like an eight by someone else. 

Doctors can identify symptoms of pain, but may not be able to appreciate the suffering endured by the patient, and may even understate its severity. Making matters worse, a patient may continue to feel chronic pain even after outward signs of injuries have subsided. 

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