When you are my client, I prepare your case for trial. If settlement happens along the way, that will be a good thing. I do not prepare cases to settle them, and I do not passively gather medical evidence to present to the insurer to ask for money. This is poor advocacy. This is not “building an injury case” for the client.
I prepare cases to go to trial. I build an injury case by using scientific, medical, and other personal injury experts who are prepared to testify at trial. I only use personal injury experts who have been qualified by the Alberta Court of King’s Bench to testify in their respective capacities. Insurance companies know I build injury cases that increase their risk of not settling. I take great pride in standing up for the little guy and making insurance companies pay fair compensation.
So when you select an injury lawyer, ask these two questions:
The truth is that most personal injury cases resolve (reach a settlement) without trial. Nevertheless, the best way to settle your injury case and receive fair compensation without going to trial is to demonstrate to the insurance company that you are ready to go to trial.
A personal injury expert is not to be an advocate for either party. The expert is providing guidance to the Court to help a court render a decision about your injuries, pain and suffering, cost of future care, income loss, seat belt usage, liability issues etc.
The reports of personal injury experts are crucial to proving your case. Expert opinions and reports are prepared for trial purposes. Personal injury litigation is often a battle of experts. For every expert the plaintiff retains, the defense can retain a like expert.
When an expert is retained differs in every case. Remember, personal injury litigation is often a battle of experts. The opinion of one expert may rely on the opinion of the previous expert who may rely on the opinion of an expert that came before him.
For example, an orthopedic specialist may provide a permanent Impairment rating and describe the specific injuries, diagnoses, and recommendations upon which a functional capacity expert (occupational therapist) can provide a “Cost of Future Care”. The “Occupational Therapist Report” may be provided to a vocational expert who can determine what types of careers you may be suited for in light of your functional capabilities and restrictions as outlined in the occupational therapist’s report. An economist can then calculate loss of future income.
Think of it like building a house. You don’t get all of the trades people on the lot at the same time.
The typical order for retaining experts in a personal injury claim is that plaintiff retains all of their expert reports first and then serves them on the defense. The defense then schedules their equivalent expert medical assessments and obtains other expert reports. The plaintiff may retain sur-rebuttal reports to the defense expert reports. Your case may then be ready to schedule for trial.
You want to receive fair compensation for your injury. Make sure your injury lawyer knows how to build your case, what personal injury experts to involve, and when to retain them. By demonstrating to the insurance company that you’re ready for trial, your injury lawyer will be ensuring you get the best compensation possible.
Please contact Joseph A. Nagy Injury Law for a free consultation and ask: “How do you intend to build my injury case?”
