How Often Do Experts Get Involved In Personal Injury Cases?
In general, experts are very involved in personal injury cases. While experts cost money, if it is a major personal injury case we do not hesitate to retain them right away. However, sometimes experts are not needed. In cases in which the injury is not quite as significant (for example, when surgery is not required), then we usually pass on experts. A good rule of thumb is, that the worse an injury, the greater the chance that you are going to retain experts. In any case, you will want to carefully choose your medical provider in a personal injury case, because that doctor is going to be your number one expert, even if it is just through the medical records. A good doctor will note in your medical records something along the lines of, “Hey, this happened because of a motor vehicle accident,” or, “This happened because of a slip-and-fall,” as well as when and where it happened. Most importantly, a good doctor will state that the injury was caused by the accident itself.
When I first started as a personal injury attorney, I thought it was strange that some doctors would refuse to make an opinion about something so basic. But, I guess that some doctors are afraid to make any kind of opinion at all that may seem legal. On the other hand, though, the insurance company experts are never shy about making an opinion. They always claim that the injury is not related to the accident or that the injury was pre-existing. Therefore, you have to choose your doctor wisely in order to be sure that your doctor will go to bat for you when the time comes.
What Role Do Video Reenactments Play In A Personal Injury Case?
A reenactment of an accident humanizes the situation for insurance companies and juries. If someone dies in an accident, a video can show the insurance company that the victim was not just a number on a piece of paper. It shows to potential jurors what the person was like when they were alive. For example, I had a case in which a man was killed in a drunk driving accident. We decided to create a video ode to his life. He was only twenty-four years old when he was killed and had a three-year-old son. We talked to his parents, his girlfriend, and his friends. We obtained video clips that his mom had taken when he was trick-or-treating as a young boy, with a voiceover of her talking about his life.
We used the best clips from each person and made a montage. When we sent the completed video to the insurance company, it was powerful. I could not watch it without shedding a tear. This kind of evidence can make a case over before it even really begins. As soon as the insurance company got that video, for instance, they settled for the policy maximum
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