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September 21, 2011
Preparing to Discuss Injuries with a Personal Injury Attorney
Individuals or their family members suffering from birth injuries, wrongful death, medical malpractice, should be prepared to answer questions on causation and damage when seeking to engage the assistance of an experienced Hawaii personal injury attorney to file suit against the responsible parties. On causation and damages, the plaintiff should be ready to describe: · When and where the traumatic injury happened? · What doctors the injured party saw? Will doctors be helpful witnesses? · What injury symptoms? · What impact on daily life? · What impact on work? · What medications? Signs of improvement? · Monthly medical bills? · Lost wages? · How much insurance paid? · Any liens from medical providers? · Preexisting conditions? Alcohol? Prior chronic pain? Preexisting psychiatric issues? The goals of an attorney interview are to assess economic damage, whether the case requires expert testimony, the plaintiff’s emotions and physical issues, and financial concerns. It is normal for a plaintiff suffering personal injuries to be depressed. The plaintiff needs to remember to be honest throughout the litigation process. A defense that perceives a plaintiff as a liar may not offer much during settlement talks. A personal injury case may not be successful if there are too many causation issues or no objective injuries. For instance, delayed diagnosis in medical malpractice cases may lead to questionable liability issues. If there was an earlier treatment would it have led to a better result? Should an illness have been diagnosed earlier? Unnecessary operation? Bad outcome after surgery? Injection in wrong spot injuring a nerve? Cast too tight? Not all doctors may agree on an injury. A case may be successful if the disability results in changes to daily life, economic damages, and factors other than pain. Pain or emotional distress itself may be hard to sell to the defense during settlement. Most defense attorneys make a plaintiff prove damages through discovery and motions to compel when the plaintiff does not respond. A plaintiff needs to discuss where something hurts, how the injuries look. Discuss effects of the injury on nails, skin, or hair growth. Photos may show swelling or discoloration. How sensitive? Temperature different? Any burning? Swelling? Maximize economic damages by detailing past and future prescriptions, medical bills, and loss of earning capacity. For example, a ruling by the US government that the plaintiff is disabled and entitled to social security disability benefits can enhance case value. When struck with a personal injury claim, engage a Hawaii accident lawyer ready to try a case to seek top dollar settlement.
Category:
[Personal Injury]
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