Tag Archives: Work
Independent Medical Examination

Independent Medical Examination in Personal Injury: the “IME”

Independent Medical Examination is anything but independent.  The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes.  So, the correct term should be ‘Insurance Examination’.  [...]

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Injuries at work can be caused by accidents, falling down, or a machine injury.  Sometimes, repetitive motion causes harm.  Examples are constant typing at a computer or handling of machine controls and parts.  Other workplace hazards include exposure to toxic chemicals or loud noise. Can I Sue My Employer When injured on the job the answer [...]

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An unbroken chain must connect cause-and-effect between an accident and an injury in any case.  It may seem obvious.  But, causation is a fundamental element underlying every claim of negligence.  As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had a trial in an accident [...]

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Personal Injury Reasonable Man Standard

PERSONAL INJURY: Reasonable Person Standard

Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly.  The reasonable man concept is burned into legal history.  However, [...]

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Post settlement problems

PERSONAL INJURY: Can Case be Reopened After Settlement?

Question: When symptoms come back years after an accident is it too late to file a claim?  My niece was in a car accident four years ago and broke her neck.  She received a settlement check and her medicals bills were paid.  Now, she is experiencing renewed pain and she doesn’t have health insurance.  Can [...]

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PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong.  Latin play less of a role in the law as in previous eras.  But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools.  The most common torts involve negligence.  Negligence [...]

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Insurance Claims


It can take a long time for an injury claim to crawl through the insurance claims handling process.  The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Why does it take so long? Medical Review After documentation of the injury is submitted, insurance [...]

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He Said She Said


He said she said.  People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it.  The question overlooks the reality of court testimony.  Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence.  Under scrutiny of cross-examination, the value of testimony rises or falls as [...]

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Preexisting Injuries

PERSONAL INJURY “Eggshell Skull Doctrine”

  The “eggshell skull doctrine” is a time-honored legal concept.  It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell.  Careless people horsing around nearby [...]

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accident lawsuit

PERSONAL INJURY – Rules of Evidence

Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law.  Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court.  One reason to have a lawyer, among others, is that attorneys are trained in [...]

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