Can I sue for a traumatic brain injury (TBI) if my MRI was normal?
Yes. Many TBIs are “microscopic” and don’t show on standard scans. We use neuropsychologists to prove the functional impact the injury has on your life.
How is the testimony of a pain management specialist used to support a chronic pain claim?
A pain management specialist provides medical testimony that legitimizes the plaintiff’s chronic pain. They help the jury understand the necessary course of long-term treatment, including nerve blocks or spinal injections, which justifies the need for substantial future medical expenses.
What is a Whiplash-Associated Disorder (WAD) and why does the insurance company often deny it?
WAD is a common neck injury often dismissed by insurers as minor because the injury is in the soft tissue. A strong legal claim requires consistent, long-term chiropractic or physical therapy records and diagnostic imaging that rules out other issues and confirms muscle/ligament damage.
What are "invisible injuries" and how do lawyers prove them?
Invisible injuries don’t show up on standard medical imaging like X-rays and MRIs. Generally speaking these injuries are diagnosed from the clinical presentation of the client. A lawyer proves these injuries through expert medical testimony that connects the injury to the accident.
Are permanent scarring and disfigurement considered compensable damages in a personal injury claim?
Yes, absolutely. Permanent scarring and disfigurement are major components of non-economic damages, especially in motorcycle or bicycle accidents. Compensation is based on the location, severity, and lifelong psychological impact of the scarring.
Is the transmission of an infectious disease during an accident grounds for a personal injury lawsuit?
Yes. If a defendant acted negligently (e.g., exposing the victim to bloodborne pathogens without warning) and the victim contracted an infectious disease, the victim may sue for the resulting medical expenses, pain, and suffering.
How does the 'eggshell plaintiff' rule apply when a pre-existing condition is aggravated by an accident?
The eggshell plaintiff rule is a legal doctrine stating that the defendant must take the victim as they find them. They are fully liable for all damages their negligence caused, even if the victim’s pre-existing condition made their injury much worse than a normal person’s would be.
What options are available for medical treatment when a client lacks health insurance?
Your attorney can help secure treatment through a Letter of Protection (LOP), which guarantees payment to the medical provider from your future settlement. They can also connect you with specialists who accept LOPs or work on a medical lien basis.