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How Does The Court Value My Accident Case?

One point is significant to bear in mind, no two cases are the identical. When one case results in a specific recovery for one litigant this doesn't mean that your claim is worth the same simply because you were included in the same accident. There are lots of factors and it is sometimes simply the destiny of the draw past the factors themselves.

If you conclude your case it will likely be concluded in one of three manners-- arbitration or mediation, trial by a jury or judge, or settlement before filing suit. Now lets consider some of the damage factors to value a car wreck case.

Pain and Suffering. Pain and suffering is the hurt which you suffered as a result of your injury. It's the pain related with a broken bone or the pain associated with injury to the back or neck as an example. In a trial a jury or the judge will put a specific dollar amount on that specific recoverable damage. In most jurisdictions, including Maryland, pain and suffering damages are capped at a specific dollar amount no matter how dreadful an injury may be. You can thank your legislature for their foresight in capping damages in horrific cases that deserve more than a capped amount.

Another significant factor to look at in case value is permanency or permanent injury to the person. Permanency is the level of impairment that doesn't go away, but instead is life long as an effect of the injury. This particular form of damage is very important because the fact finder is looking at a life time loss to the individual which means a calculation must be done year by year for the rest of one's life. This can equate into much bigger damage numbers. In any given case, your treating doctor will have to generate the decision as to what level of permanency you have sustained to a reasonable degree of medical probability.

Without a permanency claim for damages, damages will generally be restricted to soft tissue or short term injury. You will be reimbursed for pain and suffering for the period of time you suffered. Essentially, if the treating doctor can not testify that you've got sustained a permanent injury to a reasonable degree of medical probability, or if there isn't any finding of a "long-term harm" by a doctor, the fact finder will probably be constrained on damages. Bear in mind that, economic damages such a medical bills incurred and lost wages are not limited like non-economic damages and are designed to compensate for all reasonable and foreseen economic loss resulting from the car crash.

Due to the fact that the law is so specific regarding injuries and the medical documentation, it is important to follow your treating doctors' recommendations for your own course of treatment. Be certain you inform your doctor in specific detail, about all your injuries because if you fail to do so, it will not be documented and if its not documented, it never happened. Obviously, you don't over-exaggerate your claim to your medical provider but accuracy and detail is always important.

Common Types Of Medical Misdiagnosis

Medical misdiagnosis is a serious issue. If you feel you have been subject to medical misdiagnosis you should contact WINWales immediately. An incorrect diagnosis can exasperate a small problem into a much larger one. Without the correct knowledge about the presence of a potential disease or ailment, it is impossible to receive the required and correct treatment. This can lead to much more significant problems if a medical issue is not properly treated or is missed all together. The key to good healthcare is early and adequate treatment, and when this does not happen, it is equivalent to medical negligence. It is a doctor's duty to accurately diagnosis a medical issue, and to provide the corresponding treatment. When this fails to happen, it puts you and your family at risk.


Surprisingly, this is an all too common occurrence. It is important to know the different types of medical misdiagnosis so that you can protect yourself if you are ever faced with a similar unfortunate circumstance. Below is a list of common types of medical misdiagnosis so that you are prepared with the knowledge if you ever need to claim compensation for a doctor's failure.

Incorrect Diagnosis

One common form of medical misdiagnosis is an incorrect diagnosis. This occurs when a doctor diagnoses a patient with a different medical issue than what is actually occurring. This can have severe medical repercussions on a patient in a number of ways. The first is that the patient is not receiving the correct treatment. This can make their condition worse as it is left unchecked to develop into a potentially threatening circumstance. Another negative impact of an incorrect diagnosis is that a patient may actually be getting harmed from an incorrect treatment. This can worsen the actual problem that exists by agitating the condition with misguided and potentially harmful treatments.

Delayed Diagnosis

A delayed diagnosis occurs when a doctor fails to identify an illness within a reasonable time frame. This can happen when a doctor overlooks minor symptoms or fails to recognize the beginning stages of a serious issue, which leads to a delay in treatment. Early identification and early treatment are some of the most important steps in providing effective and adequate healthcare. Without a prompt diagnosis, an illness or disease can worsen quickly, which increases the chance of serious medical harm. The longer it takes for a doctor to properly diagnose a condition, the more difficult it becomes to treat.

Partial Diagnosis

Partial diagnosis is when a doctor identifies the correct issue, but fails to comprehend the severity or particularities of the condition. There can be many variations of the same ailment, and if the correct form or stage of the illness is not identified, this can result in the incorrect prescription of medications and improper treatments for the particular aspect of the disease. This puts the patient at further risk and can create a sense of complacency in the treatment, when it appears that the condition is being treated, but it is actually worsening without the proper attention.

What's Next?

If something like this has happened to you or a family member, there are steps that you can take to claim compensation for medical misdiagnosis. Although this will not solve your medical issue, it can help relieve the financial burden that is associated with serious medical conditions. The first step in this is contacting an experienced legal team and begin submitting your claim to establish your case.

Head And Brain Personal Injury Compensation Lawyers

When a person gets into an accident, more often than not, he will walk away with terrible injuries. The most severe of these injuries are those that affect the head. Because the head houses the brain, any damage to it and the spinal cord could permanently disable a person forever. Some injuries manifest themselves right away, but the dangerous ones are those that manifest months after the accident. To prevent this and to afford the medical treatment, victims of an accident will usually go and look for brain damage personal injury lawyers.

These types of lawyers are the best to call when an accident leaves a person with a head, brain, or spinal cord injury. Brain Injury Compensation Lawyers will even give the victims advice on how to identify if their head injury is more dangerous than what is initially thought and give them the legal advice necessary so that they can take action and file a compensation claim.

Head Injury Symptoms

After the initial consultation, the lawyer will tell his client what to watch out for in the following weeks. If any of these symptoms manifest, then the head injury should be treated immediately.

Headaches that get worse and do not go away after taking a painkiller Drowsiness Speaking problems or confusion Vomiting Loss of control over a limb Seizures Problems pertaining to vision (vision could be blurred, darkening of vision, etc.) Blood or clear fluid leaking from the nose

Even if these symptoms are not yet manifesting, a person should take care not to smoke, drink, do drugs, or take any medication that is not prescribed by the doctor, and play any sort of contact sport. He should also make sure that someone is with him until the treatments are complete so that their companion could watch out for him.


Depending on the victims type of insurance, then he doesn't have much to worry about regarding paying for his own medical bills. However, an insurance may not cover for the expenses for injuries that manifest themselves later rather than sooner. When filing a claim or when a claim is ongoing, however, the victims insurance should be able to cover the medical treatment costs.

Areas of Expertise

Brain Injury Compensation Lawyers are not really doctors, but they know enough about the brain, head, and spinal cord to give sound advice to their clients. Each law firm has their own areas of expertise, extending to the firms lawyers. So when a person comes into the law firm with a head injury and knows the type of injury he has (be it for the brain, head, or spine), then he should look for the lawyer who has an area of expertise in that type of injury. The initial consultation is usually free, as is the legal advice and the medical advice that a person should heed.

Contacting Lawyers

For more information or to get in touch with a law firm that specializes in head injuries, a person can do a quick search on the internet or ask his friends or family members. Many are willing to do a phone conversation, visit the person in the hospital, or even schedule a consultation online!

How To Avoid Unqualified Brain Injury Compensation Lawyers

Sustaining an injury to the brain is a very devastating experience for everyone involved. When your life is changed in this way due to the negligence of another, it makes sense for you to want your day in court. You can find high-quality brain injury compensation lawyers and avoid those who are unqualified by following this advice.

Check With The Local Bar Association

If you contact the bar association in your area, they will be more than happy to direct you to a qualified attorney. Since they are not paid by the lawyer for their referral, you will not have to worry about any special interests being a factor. Make sure that you let them know the nature of the case at hand and they will find you someone who is competent enough to take on this type of case.

Ensure That Brain Injuries Are Their Specialty

Just because a lawyer is skilled when it comes to personal injury cases, this does not mean that they know anything about this type of trauma. There are many things that make brain injury cases more complicated, and it is important that you hire someone who understands this and is willing to give it their all.

Avoid Those With Flashy Commercials

Many people do not realize this, but a well-made, flashy commercial is not a guarantee that an attorney is worth the time or money. They believe that this signals the fact that the attorney is successful and popular, but sometimes the opposite is true. Word-of-mouth is actually the way that most people find talented attorneys. The fact that an ad has to be placed often means that the firm is not doing as well as they should be and they are grasping at straws.

Inquire About Win/Loss Ratios

You should always ask brain injury compensation lawyers you speak with about their win-loss ratio. It is not enough for you to ask how many cases they handled; you should be perfectly clear about the number of times they prevailed. The last thing you want is to hire a lawyer because they have been involved with 150 brain injury cases, then you find out that they have only won about 75 of those cases. While they don't need to have a spotless record, you should aim to be as close to it as possible.

You should also make it a point to verify whether or not the information is true. The best way to achieve this would be to ask about some of the cases where they had a positive result. You can also look up their history online to get an idea of who you are working with.

Finding a qualified lawyer is the only way that your brain injury case will have the kind of outcome you desire. Use all of the advice here if you want to find someone who is skillful enough to handle your case and dedicated enough to give it their all.

Top Qualities Of The Best Brain Injury Solicitors

Many things can cause a traumatic brain injury. Most instances are because of vehicular accidents, workplace accidents or negligence by doctors. As a result, the victim may end up in a vegetative state, in a coma or require long-term care for the rest of his/her life. Of course, the medical expenses are bound to build-up with time creating a significant financial burden for all the family members.

The insurance company will offer to pay compensation, but there is no accurate way of estimating the total amount required. Therefore, youre likely to receive less than expected. On the other hand, the insurance company will try everything possible to make sure there is no payout whatsoever. In any of these circumstances, you need to hire the best brain injury solicitors.

If you pursue the legal course, you need professional advice from the best brain injury solicitors. It's prudent to do lots of research to find the best attorney for your case. If you are looking for a brain injury lawyer, here are some of the attributes you should check.

The attorney needs to be passionate about the case. Lots of personal injury lawyers are always interested in the payout at the end of the case and fail to show passion for the case or grief for the victim. You need to hire an attorney who goes to the trenches for you because he/she feels the gross injustice done to you by the insurance company. A passionate attorney will not be interested in the payout but the outcome of the case.

Secondly, if you are hiring a personal injury attorney, you need to look for someone who is very experienced in brain injury cases. There is bound to be lots of medical jargon being thrown around by expert witnesses. If the attorney isn't able to explain everything to you, he/she might actually misjudge the progress of the case resulting in a drastic loss. Brain injury cases are actually quite common, and it's very easy to find a solicitor with enough experience to handle your case.

Next, you need to find an attorney with excellent communication skills. As mentioned above, there is bound to be lots of medical and legal jargon throughout the case. If you are completely clueless about the case, your attorney should explain everything to you. He/she should be able to simplify the terms of the case allowing you to participate. An attorney with excellent communication skills should also write legible legal documents about the case effortlessly.

Finally, you need to look for a reputable and affordable attorney. A good brain injury solicitor should have won a few cases throughout his/her career. Most insurance companies keep records of personal injury attorneys. If a particular attorney has battled with the company a few times and won the cases, it's a guarantee that the insurance company will pay the compensation amount to avoid lengthy court proceedings. If you need to win your case, you need to partner up with the most reputable brain injury solicitor.