By Robert F. Brennan, Esq.
My firm handles a lot of personal injury litigation, so, at the suggestion of friends and former clients, I am writing this blog on a regular basis to give readers info on how to handle their personal injury cases. I will go over several topics. My topic for the first post is: "Go Organic!"
By "organic", I am not referring to changing your eating habits when you have a personal injury claim pending. Rather, it is an observation that juries and judges no longer accept cases where they feel there has been excessive intervention, or "tampering" by the attorneys involved.
Example: 25 years ago, someone with a personal injury claim came to an attorney. The attorney had his "stable" of doctors, chiropractors, physical therapists, etc., all ready to "treat" the patient. Of course, since the medical professionals were in essence working for the attorney, they would overtreat the patient and run up unnecessary medical bills. No matter, because the insurance companies knew of this practice and would make low settlement offers. Negotiations would ensue and the matter would usually settle, with the attorney and the medical professionals involved all adjusting their bills to make the settlement work. While no one will claim that this process was entirely honest or decent, a lot of personal injury cases resolved this way and the system essentially worked for over two decades to resolve most personal injury claims out of court.
However, beginning in the 1990's, the scourge of "tort reformers" (big business interests) decided to re-write laws so as to deprive consumers of their day in court while preserving their own day in court. "Tort reform" is now largely an international phenomenon, because big multinational business interests want to make profit in America but do not want to be subject to America's laws which protect consumers. Thus, big business hatched PR campaigns designed to turn consumers against attonreys and against the very justice system which protects them. The campaign began with a few insurance companies but quickly spread throughout international mega-business interests and even found a home with a whole generation of conservative politicians.
The campaign has lost some steam because, alas, American consumers suddenly have connected the strength and vitality of the court system with such things as not having dangerous lead-based paint on imported toys and in having remedies against corporate crooks who steal and bankrupt pension funds.
One lasting consequence of the campaign is that jurors now distrust personal injury plaintiffs. Plaintiffs who come to court with real injuries, having been treated by real doctors and medical professionals, still do well in court. However, plaintiffs that come into court with doctors arranged through their attorney's office are subject to far greater scrutiny, and often lose or collect minimal damages.
The solution? In our office, we're "going organic". We present the case with a minimum of tampering. We encourage our clients to treat with their own doctors and go through their own medical provider systems for treatment. We present what their own doctors tell us. We don't try to overtreat and we don't try to inflate any injuries suffered by our clients. Nor do we understate them. We simply present what's there to be presented. We strive to present natural cases, not cases tampered or twisted into something more than they should be.
Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA. His firm specializes in consumer protection litigation, personal injury and consumer class actions. He can be reached through his website:http://socalpersonalinjury.com
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