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Litigating Neck and Back Injuries

Publisher: James Publishing

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ISBN: 9781580121972
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ISBN: 9781580121972
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Litigating Neck and Back Injuries

Tested Forms and Strategies for Proving Neck and Back Cases

Soft tissue injury cases are plagued with challenges. The injury cannot be proven objectively with an X-ray, malingerers have tarnished the credibility of the entire claim category, and initial settlement offers can be pitifully low.

As a result, these common claims will test your resourcefulness. Special techniques are required, and you can find them in Michael Morse's Litigating Neck & Back Injuries. His practical book is filled with creative strategies for making the injury more tangible, and model forms for improving your advocacy.

Litigating Neck & Back Injuries explains in detail the medical and legal aspects of common neck and back injuries, focusing on how to win larger settlements with better discovery, negotiation and trial techniques.

Maximize neck and back injury awards with this practical collection of battle-proven pleadings, discovery documents and questionnaires, practice checklists, demonstrative evidence, and novel techniques. This book-and-Digital Access package will help you:

•   Deal with skeptical insurance adjusters
•   Quantify pain and suffering
•   Estimate future lost wages
•   Win over the plaintiff's physician
•   Refute common defenses
•   Understand and explain medical test procedures
•   Challenge medical exam results
•   Depose and cross-examine medical experts
•   Depose and cross-examine the defendant
•   Overcome proof problems
•   And much more

Prove what seems unprovable. Litigating Neck and Back Injuries will help you build a solid case of liability and damages. Some of the helpful information includes:

Injury diagnosis and proof

•   16 objective tests of the severity of soft tissue injuries. §1:300
•   Checklists for determining sources of neck and back pain. §3:60
•   The biomechanics of whiplash injuries, with extensive citations to medical journals. §3:220
•   A checklist of symptoms associated with neck and back pain. §3:240
•   Common defense tactics to claims of closed head injuries. §3:370
•   Measuring and documenting pain and suffering. §8:70

Settlement

•   A checklist of damage claims to consider in all neck and back injury cases. §1:230
•   Tips for dealing with adjusters. §8:120
•   Questions to help elicit all aspects of the injury from the treating physician. §8:160
•   Overcoming the special problems of the soft tissue injury case. §8:240
•   Dealing with lowball settlement offers. §8:290
•   Uninsured and underinsured motorist coverage. §8:700

Pretrial

•   A table of causes of action correlated to likely defendants. §1:350
•   Sample complaints. §1:360
•   Neutralizing the ’independent’ defense medical expert. §8:610
•   Exploring the defense medical examiner's financial records. §8:620
•   Model questions for deposing the IME. §9:310
•   Deposing the defense psychological medical examiner. §8:652
•   Outline for deposing the defendant. §9:330
•   Request for Production, Memorandum in Opposition to Physical Examination, Plaintiff’s Motion to Bar Evidence of Pre-existing Injury. §§9:430-520
•   Three different opening statements that can be used to introduce pre-existing injuries. §1:190
•   Sample foundations for admitting x-rays, CT scans, MRIs, and thermographic and spinoscope evidence. §§3:470-540

Illustration Gallery

The Illustration Gallery contains 90 anatomically accurate, illustrations of the head and spine, created by professional medical illustrator Chris Brown. Use these illustrations to help your treating physician document your client's injuries and/or blow them up for use at trial.

Table of Contents


Interviewing the Client and Filing the Case
Anatomy of the Neck and Back
Diagnosing Neck and Back Injuries
Treating Neck and Back Injuries
Evaluating Permanent Impairment
Investigation of the Case
The Physician
Dealing with Defense Team: Insurers, Defense Counsel and Impartial Medical Experts
Pretrial Procedures
Preparing for Trial and Appeal
Traumatic Brain Injury