2-28-07

            With personal injury cases, it is not uncommon for people to develop medical problems which, on the surface, may seem unlikely to have been caused by an accident, but which one's physician informs the patient of his or her opinion that it is likely related to the personal injury accident.   Over the years, we have frequently confronted adjusters who are not willing to consider offering settlement money to compensate someone for an injury or condition that they believe could not be caused by the accident.   This is why documentation is so important.  

            If you have a medical condition and are wondering whether it arises from the accident that formed the basis of your personal injury claim, ask your doctor.   It is not uncommon for a doctor to say something that you believe links your condition to the accident, but which later on the doctor back tracks on.   That is why you must tell your doctor about your problems and ask the doctor if he or she believes them to have been more likely than not caused by the accident.

            You doctor or consulting specialist can evaluate how the accident happened, what trauma your body sustained, what medications you are taking, and any likely complications that can result from any of these.   If your doctor believes that your problem is more likely than not a result of the injury, condition, complication, treatment, or a known side effect of a drug you are taking, then you are entitled to claim that as a part of your damages.     

Web Resources

FindLaw
Thomson West
U.S. Courts
Westlaw
United States Chamber of Commerce
FirstGov
Library of Congress
White House
Internal Revenue Service
Yahoo!Legal Blog Directory