INJURY LITIGATION ADVICE

 

Talking Points & Summary

Interferences With Recovery (Use those applicable) Limited opportunities for physical or emotional readjustments Prolonged period of idleness Inadequate rehabilitation Unpredictable exacerbation or aggravation Adverse incentive to try Anxiety complex The effect of age Systematic weakness or impairments FUNCTIONAL DEFICIENCES (Which ones apply?) Quickness of action: Inactivity, delay, slow action, sluggish Coordination: Lack of skill, awkward, loss of dexterity, clumsy, technical inability Strength: Atrophy Most Important Equals $$$ Weakness, dependent, loss of energy, poor grip, walking, etc. Self confidence and security: Insecure, uncertain, unstable, nervous, unreliable, makes mistakes Endurance: Fatigue, exhaustion, weakness, vulnerable Pre-existing or eggshell or predisposing or vulnerable But for this accident and trauma would have never experienced pain, interference with job, difficulty with sitting in a vehicle for over one hour while driving Vulnerability to injury which may worsen the initial outcome and require more treatment then otherwise necessary but for the vulnerability But for this accident, the plaintiff would never had been symptomatic, never been a candidate for surgery Physical prowess before accident: Job requires what physical aspects? Typing, driving, sitting, walking up flights of stairs, crawling, stooping, bending, climbing, making a bed, reaching for dishes, folding laundry, lifting, etc Regular work out/fitness routine? What physical activities became more difficult after the injury?
Remember This Summary
What movement or activity can you not do at all now, that you could do before you were injured? What can you not do as well now, even though you can do it, that you were able to do normally and better before your injury? What lifestyle changes have occurred, what do you no longer do even though you may be able to do it, that you used to do before you were injured? The next major hurdle we call causation, that is, what injuries were caused by the negligence. We have to prove the relationship between the negligent acts of the defendant and the injuries you have as a result of that negligent act, that is called causation. The words frequently used are activate, aggravate, accelerate, basis, cause, create, contribute (or connect), develop, affect, enhance, generate, incite, increase, induce, initiate, intensify, originate, precipitate, provoke, produce, and prompt. Sometimes, we use the term “to aggravate an underlying disorder by worsening, hastening, or accelerating its progression.” In some cases, there are many different medical conditions going on, but it does not mean that your injuries from the fall did not worsen your other medical conditions in your own mind and cause you more loss of sleep, pain, depression, a feeling of being more vulnerable. When we discuss pre-existing disorders or illnesses, the law says we take the injured party as he is found, not as a normal person, but subject to whatever medical conditions existed at the time of the injury. In your case, you may, in fact, have an increased vulnerability because of your injuries. The amount of aggravation to the pre-existing conditions is usually determines by the doctor, but your opinion as to things that became worse after the injury, in your own mind, are relevant. A further issue is always how will a judge or jury determine what you are entitled to. It will be difficult deciding what medical expenses are related to your neck, back, knee, hip, and shoulder; as opposed to the other reasons you were in the hospital and were seeking medical treatment, but we can probably venture some guesses. The jury will be faced with what good will the money do you and what will be your benefits. In other words, they will be put in a position where they would like to fix or help you, or make things up for you, but they have to told how the money will help. JURY CHARGES AGGRAVATION “THIN SKULL” OR “EGGSHELL SKULL” DOCTRINE “The defendant’s liability for damages is not mitigated by the fact that the plaintiff’s pre-existing physical infirmity was responsible in part for the consequences of the plaintiff’s injury by the defendant. It is clear that a defendant takes his victim as he finds him and is responsible for all natural and probable consequences of his tortuous conduct. The defendant is liable for the harm it causes even though under the same circumstances a normal person would not have suffered that illness or injury. When the defendant’s tortuous conduct aggravates a pre-existing condition, the defendant must compensate the victim for the full extent of the aggravation…”

Navigation:

  1. • What is “Litigation”?

  2. • What proof is required?

  3. • Medical & Legal Causation

  4. • What will be needed?

  5. • Importance of Medical Records

  6. • Pain and Suffering

  7. • Impairment

  8. • Talking Points & Summary