The Four Aspects of a Personal Injury Case
Every personal injury case arising from vehicular conduct has four essential elements. Most attorneys focus on only one or two of these elements, resulting in adverse judgments or artificially reduced recoveries for their clients. Rob Frank evaluates each of these factors in every vehicular injury case and determines how best to present each to a claims adjuster, or ultimately, a jury.
- The Law: Most lawyers know and focus on general liability law in a motor vehicle accident. Unfortunately, many lawyers do not recognize or make use of laws unique to the types of vehicles involved in a collision. For example the operation of a tractor-trailer is governed by federal and state regulations that do not apply to a car. A motorcycle operator has duties of care that are unique to motorcycle operation. Unless a lawyer knows and applies these unique aspects of law, the lawyer cannot maximize an injured person’s recovery.
- The Medicine: Most lawyers will collect an injured person’s medical records and bills, fewer will read the medical records, and fewer still will understand the medical records. In order to properly represent an injured person, the lawyer must educate himself or herself on all aspects of a clients medical history and injury. This includes having a firm grasp on the nature and extent of the client’s injury, the cause of the client’s injury, and how that injury is affected by medical history, work requirements and lifestyle. A surface understanding of medicine is not enough.
- The Engineering: On a fundamental level, most vehicular accident analysis breaks down into fundamental issues of physics and engineering. Defendants in vehicular accident cases often use the physics of an accident in an attempt to disprove injury. Many lawyers are ill equipped to understand and respond to these efforts on a scientific basis. Even worse, many attorneys do not understand “courtroom science” and the law of when and how scientific evidence is to be used. An injured person must have a lawyer that understands the physics and engineering of a collision and has the legal sophistication to introduce or prevent the introduction of scientific evidence in a court of law.
- The Human Element: This is the most important element in a personal injury case, and the most overlooked by lawyers. Many injury lawyers have hundreds of cases they work in a “settlement mill” fashion. They never seek to understand the issues and injuries which are unique to an individual. Personal injury cases are not “one size fits all.” If you do not have a lawyer who takes the time to know you and how your situation is unique, then you need a different lawyer.
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