When tragedy strikes, causing catastrophic injury, the aftermath paints a stark picture of human resilience in the face of seemingly impossible odds. As a lawyer specializing in commercial truck, bus, and aviation accidents, I've witnessed firsthand the devastation of these incidents experienced by victims and their families. Beyond the immediate physical trauma, these injuries often involve debilitating long-term effects and a complete upheaval of their way of life.
To navigate the legal complexities of such cases, medical experts become our compass, guiding us through a labyrinth of complex medical issues, helping us understand the extent of the loss and quantifying the immeasurable. Their role extends beyond mere diagnosis and treatment; they become instrumental in building a robust picture of the victim's suffering needed to secure the compensation they rightfully deserve.
But why are medical experts so crucial in catastrophic injury lawsuits? Let's dive into it.
Understanding the Extent of the Injury
Catastrophic injuries, by definition, inflict lasting damage. Whether it's a spinal cord injury from a bus collision, a traumatic brain injury from a truck crash, or a debilitating burn from a plane crash, medical experts can analyze the severity and permanence of the damage. Their analyses help provide a clear picture of the life-altering consequences the victim is facing so we can build a strong case.
For example, I represented a pilot whose helicopter crashed due to a severe mechanical failure. The pilot's injuries were catastrophic and affected every part of his body, including his legs, his intestines, his spine and his brain. To fully understand the extent of his injuries, we worked with a team of medical experts specializing in internal medicine, orthopedics, gastroenterology, neurology and neuropsychology. We needed to communicate to the defendants the cause of the injuries and how each would affect our client throughout the rest of his life.
As you can see from the above example, medical experts provide much-needed context to legal cases. Specifically, they help with:
- Projecting Future Medical Needs: The road to recovery from catastrophic injuries is long and arduous, often requiring extensive long-term care and rehabilitation. Medical experts predict the future course of treatment, outlining the necessary therapies, surgeries and equipment, allowing us to estimate the financial burden the victim will bear accurately.
- Quantifying Pain and Suffering: Beyond the tangible costs, catastrophic injuries inflict immense emotional and psychological trauma. Medical experts help understand the psychological impact of the injury, the development of conditions like PTSD or depression, and the overall decrease in quality of life, giving a voice to the invisible scars these events leave behind.
- Lending Credibility to Your Case: Expert testimony carries significant weight in legal proceedings. Medical experts act as objective third parties, validating the extent of the injuries and explaining their impact in layman's terms, making a complex case relatable and impactful for the jury or judge.
Choosing the Right Expert
Not all medical experts are created equal. Selecting the right one requires meticulous consideration. We seek specialists with extensive experience in the specific type of injury sustained, familiarity with legal proceedings, and the ability to clearly and concisely communicate complicated medical concepts that both legal professionals and juries can understand.
Our firm has come to know and respect several world-class medical experts we engage with, depending on the case. These experts are thorough, caring, respected in their fields, and respected by our defense attorneys. Sometimes, however, we need to find an expert in a unique field because the expert we work with is unavailable. In those cases, we reach out to our colleagues for referrals or work with specialized companies who help us locate candidates that we vet thoroughly before retaining.
The journey of a catastrophic injury suit is emotionally charged and fraught with challenges. But alongside the legal fight, medical experts are support pillars, ensuring the complete picture of the victim's suffering is understood and valued. They translate pain into evidence, tears into testimony, and life-altering consequences into tangible compensation. Ultimately, their expertise helps us bridge the gap between medical complexity and legal justice, paving the way for a brighter, though forever altered, future for those who have faced the unimaginable.
The Challenges of Working with Medical Experts
The indispensable role of medical experts cannot be overstated, as their findings and opinions often serve as a linchpin in establishing causation, severity, and long-term implications of injuries. However, navigating collaboration with medical experts can present a myriad of challenges. The most apparent obstacle lies in the intricate jargon and technical language in medical reports, which can confuse legal professionals and juries alike. Communicating these medical principles in a way most people can understand becomes a delicate process, requiring a nuanced understanding of the legal and medical domains.
My bachelor's degree in biology gives me a unique head start in understanding some of the complex medical issues a client may face. However, sometimes, the medical problem is particularly complex, such as understanding how a drug or chemical affects a person's chemistry and cell replication, causing cancer or other severe medical conditions. In those instances, we look for experts who understand science and physiology and can communicate these concepts in a way that everyone can understand.
Selecting a medical expert can also present a challenge if you still need to get a go-to person in your network. There is the risk of bias or conflicting interests looming in the background. It's critical to balance a credible medical opinion and one that aligns with the legal strategy. This is particularly true when dealing with complex scientific principles involving conflicting studies or controversial subjects.
In such a case, finding an expert willing to take a fresh look and who can be trusted to give opinions based on the facts and evidence is essential. The evolving nature of medical science also makes this difficult. Constant updates and adaptation are needed to stay informed of the latest research and advancements. Forging a symbiotic relationship with medical experts will seamlessly integrate their expertise into the legal narrative.
Playing a Critical Role in Securing Fair Compensation
In working to obtain fair compensation for injury victims, the pivotal role played by medical experts cannot be overstated. These professionals are vital in providing evidence supported by science and medicine of the extent of the injuries sustained, their causation, and the resulting impact on the victim's life. A skilled medical expert brings a profound understanding of the human body and can translate medical findings into a compelling narrative that resonates with a jury or judge. Anchoring the legal argument with irrefutable evidence from a medical professional can be life-changing for an injury victim seeking compensation. Collaborating with medical experts is not merely a procedural step; it is necessary to achieve justice for clients by ensuring that their pain and suffering are accurately and persuasively conveyed to secure the fair compensation they deserve.
Timothy A. Loranger is a senior partner and seasoned lawyer at Wisner Baum, a prominent national mass disaster law firm. Tim dedicates his practice to representing victims of catastrophic personal injury and wrongful death in transportation accidents. Tim's unique background includes not only being a lawyer but also a licensed pilot and a veteran of the United States Marine Corps. He carries the values of honor, compassion, perseverance and dedication instilled in him during his service. His diverse background in science and mechanics empowers him to delve deep into accident causation, meticulously building strong cases for his clients.
