LET’S ROCK YOUR
PERSONAL INJURY CLAIM.

By BRIAN ELSTON

Someone injured in an accident because of someone’s negligence has the right to know what they can expect in terms of justice. The individual’s life has likely been turned upside
down, so they want to know, what can they expect?

I get it. I’ve resolved countless motor vehicle accident, personal injury and workers’ compensation cases. Each case has some of the same components, but their values are different. Think of it like music bands. Most bands are playing the same instruments, but the Dave Matthews Band is a lot different than Weezer.

Each personal injury claim is generally comprised of the same components in determining its value.

Meet the band:

1) You (The lead singer):

All bands are known for their front man, and each case is about who the client is. A mentor of mine once said that Exhibit 1 is the client.

Who the client is, where are they from, their professional (and even criminal) background, work experience, family support, and medical history are all significant in evaluating a claim. How will the client appear in front of a jury?

As a personal injury attorney, we work to put the best foot forward for our client. In settlement discussions, we usually send a picture of the client so the claims adjuster is aware that they are a “face, not just a case.” In preparing for depositions, we meet with our clients several times to prepare them.

2) On lead guitar, medical treatment:

Medical treatment in a claim is like a guitar solo in a Led Zepplin song. It’s got to have one and it should be continuous.

There is a correlation between medical treatment and a case’s value. The insurance adjuster’s processes and systems all factor in the amount of medical treatment, and, with some exception like a wrongful death case, they equate more medical treatment with the severity of the injury. Moreover, a juror will value a surgery higher than an office visit.

As stated above, the medical treatment has to be continuous like a solo. Lapses in treatment without explanation impact the value of a claim.

In evaluating a client’s claim, our firm collects all medical records associated with the accident, which can be no easy task. One trip to the emergency department usually generates four separate records by the ambulance, hospital, radiologist, and emergency room physician. We review each record, dissect them for recording accuracy, summarize, and compile them for the insurance adjuster. Our job is to help explain the extent of medical treatment and causation. 

3) On bass, medical expenses:

I know the bass player in the band Bush. At his wedding, a bandmate of his said that no one ever misses the bass, until its not there. At a concert in Germany, the bass player inadvertently spun around and in doing so, kicked the connection between the bass and the amp. Apparently, everyone knew that the song was missing something.

Like the bass, insurance adjusters want to know the amount of the medical expenses. The adjuster knows that this is the amount that they are responsible for if they are found liable and there is causation. So, they want to know what they are looking at.

As I addressed in a prior blog post, a claims value is not based on a multiplier of the medical expenses. However, they are an anchor.

Brian Elston Law contacts not only the medical providers in order to determine their bills, but also health insurance companies to determine what, if any, amounts were paid to satisfy the bills. Brian Elston Law is able to assist in resolving your personal injury claim.

More on the band and its roles & beats in part two of this personal injury claim Band Part ll – stay tuned for Topic 003 !

– Brian