Atlanta, Georgia Personal Injury Lawyer
A man who sustained a traumatic brain injury in a rear-end truck collision was awarded nearly $1.5 million.
Lloyd Davidson was rear-ended by a driver in a Strawberry Petroleum Inc. truck. He was taken to the hospital by ambulance, where he was diagnosed with a traumatic brain injury. He also claimed that the accident caused him TMJ (a jaw injury) and aggravated his neck arthritis.
Mr. Davidson also required shoulder surgery. Defense counsel argued that Davidson was faking his injuries. Mr. Davidson’s attorneys, however, alleged the defense medical expert's tests were unscientific; the judge agreed and prevented the defendant's expert from testifying about faking.
Traumatic brain injury cases are very serious. At the Law Offices of Michael L. Neff, we have the experience and knowledge necessary to get accident victims the help they need and fight the arguments that insurance company's hired experts will make. Call or email us today. Read more about traumatic brain injury, below.
Lloyd Davidson was rear-ended by a driver in a Strawberry Petroleum Inc. truck. He was taken to the hospital by ambulance, where he was diagnosed with a traumatic brain injury. He also claimed that the accident caused him TMJ (a jaw injury) and aggravated his neck arthritis.
Mr. Davidson also required shoulder surgery. Defense counsel argued that Davidson was faking his injuries. Mr. Davidson’s attorneys, however, alleged the defense medical expert's tests were unscientific; the judge agreed and prevented the defendant's expert from testifying about faking.
Traumatic brain injury cases are very serious. At the Law Offices of Michael L. Neff, we have the experience and knowledge necessary to get accident victims the help they need and fight the arguments that insurance company's hired experts will make. Call or email us today. Read more about traumatic brain injury, below.
Labels: neck injury, traumatic brain injury, truck accident, whiplash
An article posted by www.postonline.co.uk touted “Insurers near breakthrough in battle against whiplash fraud.” The article notes that Thatcham, the British Motor Insurance Repair Research Centre, announced that it expects to produce "court admissible" whiplash research to help insurers fend off “fraudulent” motor claims by the end of next year. The work is part of an international insurance program involving insurers from Sweden, Germany and Switzerland. The motor research center has also hired judges and law firms to ensure that the evidence it has conjured is to be admissible in court. Nothing like paying some lawyers to make sure everything is fair towards the people paying their bills.
Earlier this year Thatcham began investigating the effects of car collisions at five to eight mph. Work is shortly due to begin on crashes at 15mph. Insurers hope the research will result in "compelling evidence" that proves injuries cannot be sustained in collisions below a certain speed.
Of course, what Thatcham can’t replicate it that most wrecks are unexpected occurrences and not something that can be compared to a low speed planned collision in a laboratory.
Thatcham's research crash manager, Matthew Avery, said: "We are looking at how we can curb whiplash fraud. He added that by the end of the year the developers hoped to have produced a prototype of a computer-based whiplash injury tool kit or "witkit", which analyses the injury risk resulting from crashes at different speeds and involving different types of cars and seats. Insurers will then be able to take this “data” and decide whether or not to refute a personal injury claim. H’mm, I wonder whether they would do that. Of course, the program has not been described as being able to discern the affect of trauma on men versus women, old versus young, previously injured but recovered versus those never injured.
David Williams, claims director at Axa, added that it is not only insurers who should be positive about the research but also claimant solicitors as they are duty-bound to ensure people don't put fraudulent claims through the courts. I wonder whether plaintiff’s lawyers were asked their position about the validity of such testing.
Earlier this year Thatcham began investigating the effects of car collisions at five to eight mph. Work is shortly due to begin on crashes at 15mph. Insurers hope the research will result in "compelling evidence" that proves injuries cannot be sustained in collisions below a certain speed.
Of course, what Thatcham can’t replicate it that most wrecks are unexpected occurrences and not something that can be compared to a low speed planned collision in a laboratory.
Thatcham's research crash manager, Matthew Avery, said: "We are looking at how we can curb whiplash fraud. He added that by the end of the year the developers hoped to have produced a prototype of a computer-based whiplash injury tool kit or "witkit", which analyses the injury risk resulting from crashes at different speeds and involving different types of cars and seats. Insurers will then be able to take this “data” and decide whether or not to refute a personal injury claim. H’mm, I wonder whether they would do that. Of course, the program has not been described as being able to discern the affect of trauma on men versus women, old versus young, previously injured but recovered versus those never injured.
David Williams, claims director at Axa, added that it is not only insurers who should be positive about the research but also claimant solicitors as they are duty-bound to ensure people don't put fraudulent claims through the courts. I wonder whether plaintiff’s lawyers were asked their position about the validity of such testing.
Labels: avoiding personal injury, fraud, insurance, neck, whiplash
Archives
February 2007 April 2008 May 2008 June 2008
Subscribe to Posts [Atom]
