Thursday, August 30, 2012

Personal Injury Lawyer Tips On Maximizing hamlet Value

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After 22 years as a personal injury attorney there is one key principle that stands out when it comes to getting what a case is worth:

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Identify all injuries and make sure each is properly diagnosed and treated.

"What?", you say, "Isn't that the doctor's job?"

Maybe. But is it the doctor's job to make sure you get maximum recovery on your personal injury case?

In this day of facts overload doctors are challenged to stay on top of developments in their field and to achieve their specialty competently. An orthopedic surgeon, for example, can be foreseen, to spot a bone break. But is it realistic for him to also know symptoms of "Tmj"?

Temporomandibular Joint Disorder (Tmj)

The temporomandibular joint is one of two joints connecting the lower jaw bone to the temporal bone (think "temples") of the skull. It is a combined hinge and sliding joint. Temporomandibular joint disorder is an abnormal condition with facial pain and poor function of the lower jaw.

I once represented a Chinese client. He came to this country to go to school and decided to stay. While cruising the freeway in his Volkswagen bus one night, he was struck from behind by a large semi-truck.

His injuries were numerous and various. One day, after he had seen many doctors, he was visiting with me in my office discussing his personal injury case. My concentration was drawn to an audible "pop" sound which coincided with the occasion of his mouth.

Tmj? You good believe it. One of the worst cases I had ever seen (or heard).

Here's a checklist of Tmj symptoms that was provided by a Tmj specialist:

1. Is there pain in or nearby your ears, jaw, head or neck?

2. Are there any Tmj joint noises such as popping, clicking, or cracking sounds or feelings?

3. Is it painful to eat or difficult to open your mouth?

4. Do you have frequent headaches?

Very minor Tmj ailments can sometimes be treated adequately by a chiropractor but if the disorder continues beyond some chiropractic adjustments a referral should be made to a dentist who specializes in Tmj. The dentist can fit a bracket for the outpatient which will, hopefully, contribute lasting rehabilitation and relief.

Head Injury

Another coarse malady in personal injury cases (especially after auto accidents) is a terminated head injury. A terminated head injury occurs when there is trauma (injury) to the brain that does not effect in a skull fracture. One type of terminated head injury is a "concussion," which is a violent jarring or shaking injury to the brain.

Closed head injuries are certainly quite coarse after car accidents and can occur even though the injured person is not hit on the head.

A rapid acceleration and deceleration of the head can force the brain to move back and forth across the inside of the skull. The stress from the rapid movements pulls apart nerve fibers and causes damage to brain tissue. This type of injury often occurs as a effect of motor car crashes and physical violence, such as Shaken Baby Syndrome. (Source: Brain Injury association of America.)

There at least twelve (12) coarse symptoms of terminated head injury. I obtained a list of these coarse symptoms from a neuropsychologist. (A "neuropsychologist" is the healing pro who specializes in the prognosis and rehabilitation of terminated head injuries.) The list was developed for a investigate project: "Behavioural Outcome in Head Injury" by Sureyya Dikmen, Ph.D., principal Investigator.

Here are the symptoms:

1) headaches;

2) fatigue;

3) dizziness;

4) blurred vision;

5) problem concentrating;

6) bothered by noise;

7) bothered by light;

8) irritability, lack of patience;

9) loss of temper easily;

10) memory difficulty;

11) anxiety;

12) insomnia.

For head injuries inspiring injury to the brain the recognized master is the neuropsychologist. If the outpatient shows some of the above symptoms and, especially if these symptoms persist for longer than 18 months, a referral should be made to one of these experts who can achieve a battery of tests to accurately assess how the emergency has affected the reasoning abilities of the injured person.

Where Do You Hurt?

In increasing to these checklists, one way to spot undiagnosed injuries is to ask yourself: "where am I still in pain?". Let your physician (or lawyer) know and get a referral to a physician who is skilled in treating that part of your body.

Here's an example: pain radiating down arms or legs can be a symptom of a disk herniation. Intervertebral disks are soft "pads" that isolate the bones of your spine. An emergency can rupture the disk's outer covering (annulus fibrosis) causing the inner substance (nucleus pulposus) to push outward. This is called herniation and it can originate pressure on surrounding tissues, most importantly the nerves which exit from your spinal cord. This pressure at the spinal level can cause pain all the way into your fingers or toes. Sometimes surgery is required to fix it.

The point here is that if you have the symptoms of a disc herniation you probably need an Mri or Ct scan. (Note: symptoms of disc herniation need to be observed by a competent healing pro to decree if one of these tests is needed.) If you have a disk herniation which is properly diagnosed through one of these "imaging studies" your case will increase in value.

More importantly for you, in the long run, something can be done to treat it. If no Mri or Ct scan is done then you don't get compensated for the injury and you suffer from it without proper treatment.

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