How Insurance Companies Evaluate Your Injury Case

           It used to be that insurance adjusters were highly trained experts who evaluated the likely jury verdict range of an injury claim and in generating a settlement offer.  Nowadays however, insurance companies use computer programs. The insurance adjuster simply plugs key words or codes found in the medical records into a computer program which then spits out an evaluation.  If the proper terms are not available or if the medical records are not in a format that is convenient, the full value of the case will not be recognized and settlement offers will be low or nonexistent.  To be compensated in this day and age, it is critical that medical providers not only treat you with skill and compassion but that they properly document each and every problem you have on each and every visit, with the exact terminology and codes required by these computer programs.

 

            Injury attorneys must be fully aware of how these computer programs work and how injury information should be presented so that it can be recognized by the computer and generate reasonable compensation for the client.  This system is not fair and indeed was specifically designed to reduce the value of cases. However, it is the system that we deal with in settling cases. Not every case is settled of course and the computer program is not involved in taking your case to a jury and having a verdict your peers determine what you injury and impairments are worth. The injury lawyer should definitely make every possible attempt to get reasonable compensation through settlement before resorting to the expense, delay and uncertainty of litigation.

 

            Knowing how these computer programs work and how to appropriately document your case is critical in this effort.

 

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

REAREND COLLISIONS AND INJURIES FROM WHIPLASH

 

Many of the injured people who come to me for help suffer from neck, back and brain injuries resulting from rear end collisions.  Based on my experience and the findings of noted personal injury author Arthur C. Croft, DC, MS, FACO, these injuries are common but many physicians fail to comprehend the forces at play and the seriousness of injuries caused. These injuries can result in lifelong disability and pain.

I have invited insurance adjusters who claim that no one could be injured in a "low speed" collision to sit blindfolded in a target vehicle and allow me to rear end that vehicle with another at a moderate speed of 5 to 10 miles an hour. I have never had anyone take me up on this.  There are YouTube videos available demonstrating what happens to the human body when a car is struck from the rear at these comparatively low speeds.  The head is heavy and the forces act almost instantaneously. Back when cars showed crush damage, a lot of the energy given up by the striking vehicle was absorbed in heat and deformation of metal and plastic parts. Today, however, cars are designed not to show damage but instead to attenuate or delay for a few milliseconds the transmission of energy to minimize damage to automotive parts.  Unfortunately, the delay that preserves the automobile does little or nothing to prevent injury when the car accelerates forward.

 

These accidents and the transfer of severe energy pulses to the bodies of unaware victims, happens so fast that most victims can't even remember what happened to them.  Often the weight of the passenger loads up the seat back with energy as the vehicle is pushed out from under him. His head flies back and then the seat back unloads the energy and springs forward flinging the passenger to wrap around the seat belt and shoulder harness. Often unaware accident victims when asked, will say they did not hit themselves on anything inside the vehicle, when they indeed violently struck their heads and torsos on the head rest and seat of the vehicle and then on the restraint systems, then back on the seat and head rest again.

 

Neck pain is the single most common complaint following a whiplash injury. The complex structures of the human neck are easily injured at the forces and energies generated even by low speed vehicle collisions. It is the almost instantaneous  acceleration of the body which is pushed out from under the unrestrained human cranium that tears and injures these micro structures. It's no wonder people suffer weakness confusion, clumsiness, tingling and pain in their necks shoulders and arms following these traumatic events.  The fibers within the discs that cushion the joints of the vertebral bones can and are often crushed and permanently deformed by these traumas.

 

Low back pain is also a common type of injury. The rapid flexion and extension of the joints in the low back stretch and tear muscles and ligaments and compress and herniate the vertebral discs. 

 

Brain injuries are often seen as a result of these reared collisions and whiplash injuries even without loss of consciousness.  The jelly-like consistency of the human brain allows it to slap back and forth inside the rugged interior of the cranium, stretching and tearing fine structures in the brain.  Recent advances in MRI technology allow this fine “axonal shearing” to be routinely imaged if the proper protocols are requested by attorneys or physicians. Many of my clients have extended periods of confusion, memory trouble, emotional upset, fatigue and other nervous system disorders.  Although I am not a physician, I have seen the vacant, numb stare of these unfortunate individuals from across my desk many times in the past.

 

Other victims complain of hormonal problems, headaches, visual problems, ear problems (both ringing and dizziness), and pain and popping in the jaw joints.

 

 

The symptoms are so varied that it is critical for anyone who suffers injury in a rear end collision to be thoroughly evaluated by someone familiar with these injuries and the wide variety of symptoms that can result. The most important thing an accident victim can remember is to: tell every doctor, every problem, on every visit.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Common Personal Injury Accidents

Personal injury accidents can happen anywhere and at any time. However, some types of accidents are more common than others. It is important to understand the most common types of personal injury accidents to that you can try to avoid them and so that you can seek the assistance of a personal injury lawyer if you have the misfortune of being involved in such an accident.

Most personal injury accidents happen when someone acts negligently. In order to prove negligence, the injured party must be able to establish that the defendant:

·         Owed the plaintiff a duty of care: The definition of a “duty of care” varies among the states. Some states look only to whether a personal injury was a foreseeable consequence of the defendant’s actions while other states look to the foreseeability, the possible magnitude of the harm, the cost of avoiding the harm and other factors.

·         Breached the duty of care: A defendant breaches his or her duty of care if the defendant failed to act like a reasonable person would have acted given the situation. The reasonable person standard is often one that is contested and argued about in personal injury litigation.

·         Caused the plaintiff’s injuries: which would not have happened but for the defendant’s breach of the duty of care. In other words, the plaintiff’s injuries must have occurred because of the defendant’s actions and not because of some underlying medical cause or action that the plaintiff took.

·         Is liable for damages to the plaintiff: If the above elements of negligence are satisfied and the plaintiff is either the injured party or someone with standing to sue then the plaintiff is entitled to damages.

Negligence is often established in the following types of common personal injury accident cases:

· Car Accidents: including rear end accidents and intersection accidents;

· Motorcycle Accidents;

· Truck Accidents;

· Boat Accidents;

· Bus Accidents;

· Pedestrian Accidents;

· Bicycle Accidents;

· Medical Accidents: including birth injuries, surgical errors, the failure to diagnose, emergency room malpractice and other forms of medical malpractice;

· Slip and Fall Accidents: including slipping and falling on uneven ground, wet floors or slippery spots;

· Workplace Accidents: including workplace illnesses such as Mesothelioma and injuries caused by machines or other equipment;

· Defective Product Accidents: including foodborne illnesses, children’s toys, defective drugs and defective medical devices; and

· Animal Bite Accidents: by any animal not under your personal care or control.

Personal injury attorneys are familiar with the common types of personal injury accidents and can help you determine if you have a valid claim against the party or parties responsible for your injuries. Each state has a specific statute of limitations within which you must file a lawsuit to recover compensation for injuries sustained in a personal injury accident or forego your claim. Therefore, if you have sustained injuries or a loved one has been killed in any of the above listed common personal injury accidents or another type of personal injury accident then you should contact a personal injury lawyer in your state as soon as possible.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer