ICA Presentation Matt Powell, Esq. 304 S Plant Avenue Tampa, FL - - PowerPoint PPT Presentation

ICA Presentation

Matt Powell, Esq.

304 S Plant Avenue Tampa, FL 33606 Matt@MattLaw.com 813-222-2222

• Personal Injury Protection
• Med Pay
• Bodily Injury
• Uninsured Motorist
• Comprehensive
• Collision

TYPES OF INSURANCE

Personal Injury Protection Your car insurance pays the first $10,000.00

• f medical bills no matter who is at fault.

“No Fault”

TYPES OF INSURANCE - PIP

Medical Payments Insurance Pays the deductible and the other 20% that PIP did not pay. Then Med Pay pays 100% of the medical bills. You can buy as much as you want.

TYPES OF INSURANCE - MED PAY

Comprehensive insurance pays for your property damage no matter how it happened. Car is stolen, there is a flood, a tree falls on your car, etc. TYPES OF INSURANCE - COMPREHENSIVE

Collision = PD

• Property Damage to Other people’s property.
• The other person’s car if you are at fault.
• The sign that was knocked down.

Mandatory Minimum in many states 10K

TYPES OF INSURANCE - COLLISION

Bodily Injury pays for the physical injury damages caused by your negligence. Common Insurance Coverages are: 10/20, 25/50, 50/150, 100/300 The first number is per Person The second number is per Occurrence

TYPES OF INSURANCE - BODILY INJURY

Uninsured Motorist pays you for damages caused by another driver that has no insurance or not enough insurance. You can only buy as much Uninsured Motorists as you have in Bodily Injury Insurance coverage.

UNINSURED MOTORISTS = UM

Stacked Uninsured Motorists means two important things:

• 1. Your UM follows you anywhere you go.
• 2. If you own more than one car, you get to Stack the

coverages.

Watch my video on YouTube MattLawTV: Uninsured Motorist Car Insurance explained by Florida Lawyer

UNINSURED MOTORISTS - STACKED

• 1. Duty to Defend

&

• 2. Duty to Indemnify

What is the level of the Insurance Companies’ Duty?

INSURANCE - What do you get?

Insurance Company owes their insured a: Fiduciary Duty

INSURANCE

Insurance Company owes their insured a: Fiduciary Duty What is “Fiduciary Duty?”

INSURANCE

A fiduciary duty is an obligation to act in the best interest of another party.... A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure in regard to the client and must not obtain a personal benefit at the expense of the client.

FIDUCIARY DUTY

Bad faith is when the insurance company breaches their fiduciary duty!

BAD FAITH

Bad faith is when the insurance company breaches their fiduciary duty! Who do they owe this duty to?

BAD FAITH

Bad faith is when the insurance company breaches their fiduciary duty! Who do they owe this duty to? Their INSURED and No One Else!

BAD FAITH

How common is Insurance Bad Faith?

BAD FAITH

How common is Insurance Bad Faith? RAMPANT Insurance companies by default are out to make a

• profit. They put their profit interests ahead of their

insured in almost every aspect of their business.

BAD FAITH

A fiduciary duty is an obligation to act in the best interest of another party.... A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure in regard to the client and must not obtain a personal benefit at the expense of the client.

FIDUCIARY DUTY

When does Bad Faith occur? When we give the insurance company a fair and reasonable offer to settle for the right amount (policy limits) and they choose to not pay, and put their insured at risk for being sued for more than the policy limits.

BAD FAITH - BODILY INJURY

When does Bad Faith occur? 1) We give them proof their insured is at fault 2) We give them all of the damages information we reasonably can give them. 3) We OFFER to take the policy limits and give them a FULL release.

BAD FAITH - BODILY INJURY

When does Bad Faith occur? The Insurance Company must evaluate the claim. Make a decision

BAD FAITH - BODILY INJURY

When does Bad Faith occur? The Insurance Company must evaluate the claim. Make a decision Pay - Deny the Claim - Offer Less?

BAD FAITH - BODILY INJURY

Pay - Deny the Claim - Offer Less?

• If they Pay = No Bad Faith - Case is over
• If they Deny the Claim, it might be bad faith
• If they Offer Less than the demand it might be

bad faith

BAD FAITH - BODILY INJURY

If they Deny the Claim or Offer Less And suit gets filed and at the end the court says the insured owes more than the policy limits, the insurance company is probably in bad faith.

BAD FAITH - BODILY INJURY

BAD FAITH - BODILY INJURY

If they Deny the Claim or Offer Less And suit gets filed and at the end the court says the insured owes more than the policy limits, the insurance company is probably in bad faith. And the insured should sue their Insurance Company for “Bad Faith”

When the UM carrier is adverse to their insured, what happens? They still have a duty of good faith to pay claims when they could have and should have.

BAD FAITH - UNINSURED MOTORISTS

UM Bad Faith: Make a demand for the policy limits and give them everything they need to see the claim is worth the policy limits or more. Perfect your rights by filing a Civil Remedy Notice (CRN is for Florida)

BAD FAITH - UNINSURED MOTORISTS

Every state is different. Florida and Colorado have very good Laws Some states have No Bad Faith

BAD FAITH

What is the Lawyer’s Role?

Lawyers are trying to gather as much evidence as they can to prove:

Fault Damages

Then we put everything in a package for the Insurance Company

Most common problems we encounter in pre suit:

• 1. Low ball offers
• 2. Adjusters with no authority
• 3. Minor Impact cases
• 4. Comparative Negligence arguments
• 5. Gaps in treatment
• 6. Clients who don’t want to go to court

Insurance Weaknesses

• 1. 30,000 claims per day for most big companies
• a. They don’t trust their own adjusters
• i. Because there is too much variation on

value of claims made by people

• 2. 70% use Colossus (computer evaluation)
• a. 30 % use other software
• i. Claim IQ
• ii. Exposure Manager
• iii. Liability Navigator

Insurance Weaknesses

• 1. Institutional Bias
• a. They train their adjusters poorly.
• b. They take away adjusters authority.
• c. They incentivize adjusters to undervalue

cases.

• d. They reward adjusters who pay less than the

assigned value to a claim.

• e. They punish adjusters who pay over the

assigned value of a claim.

Insurance Play Book

• 1. Avoid lawyers getting involved in a claim
• a. Call the victims quickly
• i. Get a Statement to use against them
• ii. Settle the case cheap with the victim
• 2. Once a lawyer is in the case play hardball
• a. Litigation Hell

Insurance POV

• 1. All claims have some fraud, or are inflated.
• 2. Adjusters are not to be trusted to make

decisions.

• 3. Use computers set the value of claims.
• 4. Reward Adjusters who pay less & punish

those who pay over the assigned value.

Insurance Weaknesses

What is the POV of the Adjuster?

• 1. All claims have some fraud, or are inflated.
• 2. All Plaintiff lawyers are liars.
• 3. I want to get a bonus, so I won’t offer the top

dollar.

• 4. I don’t want to get fired for paying too much.

Insurance Weaknesses

What is the POV of the Adjuster? 1) “All claims have some fraud, or are inflated.”

• This is the major psychology of the

insurance agent training.

• Adjusters are trained to be skeptical.
• Read the posters in their break rooms.

Insurance Weaknesses

What is the POV of the Adjuster? 2) “All Plaintiff lawyers are liars.” This is an Apex lawyer’s strength! Most Plaintiff lawyers are just glorified claims adjusters, and they are less than honest.

Insurance Weaknesses

What is the POV of the Adjuster? 3) “I want to get a bonus, so I won’t offer the top dollar.” Adjusters are rewarded every time they settle a claim below the Computer Value! So, their POV is to never offer the full Computer Value, why should they???

Insurance Weaknesses

What is the POV of the Adjuster? 4) “I don’t want to get fired for paying too much.” If an Adjuster pays 2 claims over the computer value, they are FIRED!

What do Insurance Companies Want? Control + Certainty = Closure

Who is keeping track? Track of What?

• Insurance Companies keep track of every settlement

move you make? ○ How? ○ Federal Tax ID number.

• What do they compare them to?

○ Your Treating Doctor’s Federal Tax ID number.

Control + Certainty = Closure

What is your attorney’s Reputation? 1 ----------------------------- 10 The Insurance Industry tracks all attorneys and assigns a value to each attorney and firm based upon the attorneys settlement / trial history. “Attorney Score”

Control + Certainty = Closure

What is your Attorney Score? 1 ----------------------------- 10 10 Tries Any and Every Case well 4 Files suit and settles at mediation 3 Files suit and then settles 2 Hardly ever files suit 1 Never files suit

Control + Certainty = Closure Attorney’s REPUTATION is everything

Control + Certainty = Closure Attorneys: They have to say what they mean, and do what they say they are going to do. The old days of BS are over.

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

YES

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

HOW?

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

Take Control Send the Offer to Settle Letter for the policy limits

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

And when they offer less than your offer: Turn them Down (maintain control) File Suit!

Control + Certainty = Closure

Can an Attorney change their Attorney Score?

File suit

The Insurance Company reaction will be to

• ffer the policy limits -

Turn down the Policy Limits Again

Control + Certainty = Closure

Can an Attorney change their Attorney Score? Attorneys Maintain control by: Rejecting the Policy Limits and putting the Insurance Company at risk

Control + Certainty = Closure

Can an Attorney change their Attorney Score? At mediation they will offer the policy limits Turn down the policy limits 3rd time The attorney just increased their Attorney Score

Control + Certainty = Closure

Can an Attorney change their Attorney Score? At Trial they will again offer the policy limits. Turn down policy limits and take your verdict. The Attorney just increased their Attorney Score

A MINORITY of Causes, Inputs, or Efforts Lead to a MAJORITY of the Results, Outputs,

• r Rewards.

Did you know? 20% of the Drivers Cause 80% of the Crashes? 20% of Your Patients Produce 80% of Your Income?

Pareto Principle 80/20

Imagine what an attorney would you do differently if the statute of limitation on every case was only 9 months?

Shorter Case Life Spans

• 1. Less phone calls
• 2. Less correspondence
• 3. Happier Clients
• 4. Happier Staff
• 5. Increased capacity for more cases

Dollar Evaluation

Time Evaluation

How do attorneys decide the value of any given case?

Three Legs of the Stool for Every Case

Liability L M H Damages L M H

Insurance

L M H

27 Combinations = 3

3

27 Combinations = 3

3

Send your Offer Sooner

Send the Offer Sooner

17 10

Attorneys are wasting time

Send your Offer Quickly Send your Offer when the client reaches MMI

Demand Letter Types

Formal Letter: with a lengthy description of liability and treatment, with numerous photographs, every medical record, every medical bill. This takes a lot of time and effort to create. Makes sense when the client needs to reach MMI

Demand Letter Types

Go Fish Letter:

• Time Limit is 30 or 60 days to pay or the offer is

withdrawn, and we will go to litigation

• List of all past and current medical providers with their

addresses

• Medical Release Authorization form that expires in 30 or

60 days.

How can attorneys protect our clients? How can we do a better job for them? We must reduce our client’s exposure to all the traps caused by delays.

Protecting Case Value

2nd Crash/Accident Surveillance Family Problems Emotional Issues Financial Problems Death of a Client Death of a Defendant Loss of Evidence Funding Loans Gaps in Treatment Delay Leads to Death

Protecting Case Value

Common Mistakes:

• WAITING because our

Client is not at “MMI”

• WAITING because our

Client is still treating

• WAITING because “X”
• WAITING because “Y”

Protecting Case Value

Factors to Consider

• 1. Pre-Existing Conditions
• 2. Not at MMI
• 3. Client is Old or Young
• 4. Bad Client
• 5. Multiple Claimants

Common Opportunities

• 1. Pre-Existing Conditions
• 2. Alcohol use by Defendant
• 3. Client is Old or Young
• 4. Bad Defendant

Phases of your Cases

Potential Case AAA Potential client No Fee Contract yet

Case Status for an Attorney

Determining Liability & Insurance Coverage

37 days

Pre-suit 1

Treatment Phase

145 days

Pre-suit 2

(Only for cases where you want to wait for MMI)

Collecting Medical Records & Bills to Prepare Offer

30 days

Pre-suit 3

(Only for cases where you want to wait for MMI, And do a formal Offer Letter, Not for a Go Fish Offer)

Go Fish Quick Settlement Offer

35 days

Pre-suit 4

This is a Quick Offer letter where you send anything in your possession, a medical record release authorization and a list of medical providers the client has seen in the past 10 years. Ask the insurance company to obtain any records they want to fully investigate this claim, but they better pay on day 31 or else you will file suit.

Negotiations and Settlement BI = 45 days UM = 65 days

45 days or 65

Pre-suit 5

File your CRN at the same time you send the UM Offer to settle

Preparing Pre-Suit Interrogatory Answers and heading to trial

35 days

Pre-suit 6

If the client can’t fully answer the pre-suit interrogatory answers, they won’t hold up in a trial. They have to be committed, or else they should take the last and highest offer. Don’t get stuck in litigation with a difficult client.

How I help my clients help me

https://MattLawForms.com/

D a y 1

Car Crash 1/1/2018 First Medical Treatment Initial Visit with Lawyer

Timeline for PI Case

Day 2

PRE-SUIT 1 Investigation

Initial Visit with Lawyer Send the Welcome Aboard Letter

Day 2

PRE-SUIT 1 Investigation

Initial Visit with Lawyer Welcome Aboard Kit Sent to Client Today Order the Crash Report Letter to Each Defendant’s Insurance Company Asking for Policy Limits Letter to Clients Insurance Company Asking for Policy Limits PIP, Med Pay, & Uninsured Motorist

Day 2

PRE-SUIT 1 Investigation

Send the

• ur Seven

Day Letter Send the Client our DMX and MRI Letter

Day 14

Send the What is a ligament injury letter

PRE-SUIT 1 Investigation

Confirm Liability. Should have Crash Report Send the Client a Copy

• f the Crash

Report

Day 22

PRE-SUIT 1 Investigation

Day 37

Confirm Insurance Coverages Is there BI? Send the Client our 35 Day Letter Is there UM?

NO NO YES YES

STOP

PRE-SUIT 1 Investigation

Day 37

Send the 35 Day Letter Notify Medicare and/or Medicaid Send the Client our 45 Day Letter “Keep Treating” Address Duties Under Duress with Client

PRE-SUIT 2

Day 37

Order All One-Time Medical Records Today

• Ambulance
• Fire Rescue
• Emergency Room
• X-Ray Reports
• MRI Reports

PRE-SUIT 2 Treatment Phase

Day 37

Notify Medicare and/or Medicaid

• Notify Medicare
• Notify Medicaid

PRE-SUIT 2 Treatment Phase

Get ahead of your case by knowing your liens early. By notifying Medicare and Medicaid now, you save waiting 60 - 120 days later.

Day 37

Offer is Sent Today Giving the BI Carrier 30 Days to Settle

PRE-SUIT 4 Go Fish- Offer to Settle

Send the 45 Day Letter Attorney Calls Client

Day 60

PRE-SUIT 2 Treatment

Attorney Calls Send the Client our 90 Day Letter

Day 90

PRE-SUIT 2 Treatment

Sent the 90 Day Letter Send the Client our 135 Day Letter

Day 135

Address the Loss of Enjoyment of Life with Client

PRE-SUIT 2 Treatment

Send the Client

• ur 180 Day Letter

Request All Medical Records Request All Medical Bills Order the PIP/Med Pay Payout Order the Health Insurance Lien Create Offer letter Exhibits

Day 180

PRE-SUIT 3 Order all remaining records

Day 225

Verify Settlement or No Settlement Send the Client our Decision to File Suit Letter Disperse the Settlement $$$

NO YES

PRE-SUIT 4 & 5

Call the Client to Discuss Filing Suit Send the Decision to File Suit Letter Client Completes Online Pre-Suit Discovery

Day 255

PRE-SUIT 6 Prepare to File Suit

Send Filed Suit Letter File Suit with Clerk of the Court

Day 1 of Litigation

Litigation 1

Defendant is Served with Complaint Request to Produce Notice of Video Deposition Send Client the Keep Treating Letter Even though in Suit

Day 10 of Litigation

Litigation 1

File Default if No Answer to Complaint

If Answer, Send Defense Letter Asking for Trial Date

Send Client 2nd Keep Treating Letter

Day 31 of Litigation

Litigation 1

Send Client Letter to Authorize Settlement Offer

On 91st day File an Offer

• f

Settlement

Day 45 of Litigation

Litigation 3

Send the Client B&A Letter for Trial Witnesses

We File our Witness List EARLY File our Notice for Trial (20 Days)

Day 51 of Litigation

Litigation 2

Day 61 of Litigation

Schedule Hearing to Set Trial

3

Litigation 2

Depose the Defendant

If Applicable, File Motions for Summary Judgement

Have Hearing to Schedule Trial

Day 76 of Litigation

Litigation 2

Send our Save the Date Letter to Experts Send Trial Explanation Letter to B&A Witnesses

Day 95 of Litigation

Litigation 3

Day 105 of Litigation

Litigation 3

Day 91 File

• ur Offer of

Settlement

Meet with

• ur

Experts Prepare our Client for Trial

Day 210 of Litigation

Litigation 3

Let a Jury Decide what is Fair

Day 365

One More Thing

Have you ever wondered how many cases attorneys have let go because there was no or low insurance? What can be done?

File an Exploratory Suit & depose the at fault driver

Exploratory Lawsuit

Dear Client, The policy limits are too low, and your medical bills are too high. Therefore, you won’t get any money if we settle. I suggest we reject the low policy limits offer. I suggest we file suit. I suggest you let me depose the at fault party and ask them the following: Were you working for anyone at the time of the crash? Were you running an errand for anyone at the time of the crash? Do you have any other insurance to pay these losses? If the answer to each of the questions above is no, then we take the policy limits, and close your case. The benefit is we MIGHT find more insurance. The downside is, we will spend the money on a filing fee and deposition, but in light of you not receiving any money out of the settlement, the costs really will be paid by your health care providers.

Pre Suit Phases

AAA Potential Client not yet signed Pre-Suit 1 Investigation Pre-Suit 2 Treatment Pre-Suit 3 Ordering all of the records Pre-Suit 4 Go Fish Early Offer to Settle Pre-Suit 5 Offer to settle the case Pre-Suit 6 Prepare for Litigation Pre-Suit Interrogatories

Litigation Phases

Lit 1 Obtaining Service upon Defendants Lit 2 Every Defendant has answered Lit 3 Discovery Phase for Punitive Damages Lit 4 Request Trial Date Lit 5 Have a Trial Date Lit 6 Discovery Cut off Lit 7 Trial Lit 8 Post Trial Motions / Appeals

The Law

Past Medical Bills:

To be safe, the attorney has their client give a detailed description of each medical provider’s treatments and ask them:

“Was the need for these treatments caused by the crash?” “YES” “Are the amounts charged for these treatments fair and reasonable?” “YES”

The Law

Future Medical bills:

Only medical expenses which are reasonably certain to be incurred in the future are recoverable. There are 4 elements which must be stated by the Doctor: 1) Description of the item or service 2) Frequency of the item or service 3) Duration of the item or service 4) Cost of the service or item

The Law

1) Description of the item or service

“Dr. Smith, can you describe to the jury the first item of future medical service that my client is reasonably certain to incur in the future?” “Yes, Mr. Jones will need adjustments of the cervical spine”

The Law

2) Frequency of the item or service

“Dr., how many times will Mr. Jones need an adjustment to his cervical spine?” “One time every Month”

The Law

3) Duration of the item or service

“Dr. you said one cervical adjustment every month, for how many months?” “For 6 years”

The Law

4) Cost of the service or item “Dr. what is the reasonable cost for a cervical adjustment?” “The reasonable cost for a cervical adjustment is $85.00.”

The Law

Description Frequency Duration Cost

Cervical Adjustment 1 time per month For 6 years $85.00 Neurological Re-evaluation 1 time every 5 years For life $350.00 Tylenol BioFreeze Flexeril 30 caps per month 1 bottle per month 15 per month For life $8.50 $24.00 $15.80 Radio Frequency Ablations to L4-L5 2 X per year For life $5,500.00

The Law

Life Expectancy

• Dr. Smith, you have been treating Mr. Jones for a

while now, and I see in your medical history his parents lived a long life. How long do you expect

• Mr. Jones to live?

“Mr. Jone’s genetics and lifestyle are very good, I expect Mr. Jones to live to age 95.”

The Law

Future Loss of Earning Capacity:

Standard is “Reasonably Certainty” Two elements:

• 1. Injury
• 2. Evidence the jury can use to reasonably calculate

the loss of earning capacity.

The Law

Future Loss of Earning Capacity: “Dr. Smith did my client suffer an injury from this crash? “Yes (didn’t I answer that question 50 times already?)”

The Law

Future Loss of Earning Capacity: “Dr. Smith, did the injury cause my client to suffer a loss of earning capacity?” “Yes”

The Law

Future Loss of Earning Capacity: “How much of a loss?” “10% loss of earning capacity”

The Law

Future Loss of Earning Capacity: “How did you calculate this?” “I followed the Florida Workers Compensation Guidelines 5th Edition.”

The Law

Future Loss of Earning Capacity: “Is your opinion within a degree of medical certainty?” “Yes”

The magic words are: Permanent Injury Caused by . . . Permanent Aggravation Caused by . . .

The Law

The magic words are: Within a Reasonable Degree of Medical Certainty Reasonably Certain to occur in the future Medical Costs: Are Fair and Reasonable Medical Costs: Were needed because of the Incident

The Law

The magic words for future medical care are: 1) Description of the item or service 2) Frequency of the item or service 3) Duration of the item or service 4) Cost of the service or item

The Law

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Unless you are prepared to turn the weakness into a strength.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Pre-Existing Conditions: Do pre-existing conditions generally make a person more likely to be injured in a crash? Do pre-existing injuries make it more likely than not that the crash would cause more injury to them?

Defense Innuendos that Kill Cases

Pre-Existing Conditions: BRAG ABOUT ANY PRE-EXISTING CONDITION BECAUSE People with a pre-existing condition are: Easier to hurt and harder to fix!

Defense Innuendos that Kill Cases

Pre-Existing Conditions: A chain is only as strong as its weakest link.

Defense Innuendos that Kill Cases

Pre-Existing Conditions: The aggravation of a Pre-Existing Injury must get into evidence that the aggravation is: A PERMANENT AGGRAVATION

Defense Innuendos that Kill Cases

Pre-Existing Conditions: A PERMANENT AGGRAVATION “Doctor, do you have an opinion within a reasonable degree of medical certainty whether your patient's pre-existing condition was aggravated by the crash?”

Defense Innuendos that Kill Cases

Pre-Existing Conditions: A PERMANENT AGGRAVATION “Yes, Mr. Jones pre-existing condition of degenerative disc desiccation was certainly aggravated by this collision”

Defense Innuendos that Kill Cases

Pre-Existing Conditions: A PERMANENT AGGRAVATION Is the aggravation that you said was caused by the collision a permanent aggravation?

Defense Innuendos that Kill Cases

Pre-Existing Conditions: A PERMANENT AGGRAVATION Yes, this collision caused a permanent aggravation to Mr. Jones neck. He will suffer from this aggravation for the rest of his life, because . . .

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

X-Rays are Normal There are only 3 abnormal findings on an ER X-ray: 1 Fracture (often missed) 2 Gross Dislocation 3 Tumor

Defense Innuendos that Kill Cases

X-Rays are Normal “I agree, the ER X-rays are normal. If they were abnormal, the patient would have been sent to a specialist, Orthopedic surgeon or an Oncologist.” “When they do an X-ray in the hospital, they tell the patient to stand still and not move.”

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

MRI is Normal MRI is also a static test, and is not done with Motion. The MRI only looks at a very small area of the spine. MRI misses most ligament injuries in the spine.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

No Impairment Rating I don’t do an Impairment Rating unless I am asked to by a workers compensation carrier, and this was not an on-the-job injury.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Gaps In Treatment Early Gaps: The patient did not want to be hurt, they thought it would go away and get better on its own. But they were wrong, it is Permanent. Middle Gaps: The patient had financial challenges and work and family pressures . . .

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

No Property Damage: If you want to see if a car is damaged, look at the car, if you want to see if a patient is injured, look at the patient. There is no correlation between property damage and injury. They don’t teach us in Med School to look at Property Damage Photos before treating a patient.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

The Police were not called to the scene: My patient/client did not want to make a claim. They thought they were fine and without injuries. They never asked to be in this courtroom. They unfortunately were wrong, and they did sustain serious injuries.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Doctor Lawyer Conspiracy: (this defense is totally improper and should not every show up, however, if it does): “I did not want to come to court, however, I am here because it is my duty to explain my findings to this jury”

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Case is Old: The patient has tried everything to heal and get

• better. Unfortunately, the permanent injuries will

never heal.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Emergency Room Said No Injury:

Yes, that is their job, to keep a person from dying. However, they would agree that Mr. Jones does have significant injuries caused by this crash, but they are not life threatening. They are only life debilitating. The ER is not equipped to treat these injuries, it requires a specialist to help Mr. Jones.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Most People Heal:

Most people is never all people. The only reason we are here is that Mr. Jones did not heal. His condition was caused by the crash and is permanent and will never

• resolve. We all wish that Mr. Jones was “most people”

but he is not. He is a unique and special human being and he deserves proper treatment and care to help him.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

No Disability: Disability, Mr. Jones has a forever disability. But I do not assign a rating for his disability because it is not necessary since he was not hurt on the job. However, if you want me to tell you his disability rating right now and hear, I am glad to tell you that it is 20%.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

No Surgery: There is no surgery that can fix Mr. Jones injury. If there was, I would send him to the surgeon

• immediately. Unfortunately, his injury is a forever

pain generator, that will lead to arthritis, and the acceleration of aging. I wish a surgery could fix

• Mr. Jones, but medicine has not gotten there yet.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Delay in seeing a doctor:

• Mr. Jones thought he would be alright. Mr. Jones thought

the pain would go away. Mr. Jones thought he could work through this. But, unfortunately despite his hopes, he was seriously and permanently injured by this

• collision. And he only came to me as a last resort. I wish

he had healed on his own and did not need my help.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Chiropractors: The attorney who put you on the stand should have allowed you to explain to the jury what you do, how you were trained, why you are fully qualified to help people, and how you are actually better than a

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Only a Soft Tissue Injury: Soft tissues, like your heart, your brain? Most of the human body is made up of soft tissues. Unfortunately, soft tissues tend not to heal as well as a broken bone.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Bills are too high: We all know medical care is expensive. And Mr. Jones’ injuries are serious, and permanent. We do what we can to help him maintain his health, but if he did not treat as often as he has, his condition would deteriorate much faster than it has.

Defense Innuendos that Kill Cases

Pre Existing Condition X-rays are Normal MRI is normal No Impairment Rating Gaps In Treatment No Property Damage No Police called Lawyer Doctor conspiracy Case is old ER said No Injury Most People Heal No Disability No Surgery Delay in seeing a Doctor Chiropractors Only a Soft Tissue Injury Bill are Too High Over Treatment

Defense Innuendos that Kill Cases

Over Treatment: Maintenance care and treatment is necessary to maintain Mr. Jone’s health. Without the care, his condition would deteriorate much faster than it has.

Defense Innuendos that Kill Cases

Letters of Protection

Don’t use a Letter of Protection when you can use an: Insurance Security Agreement

Insurance Security Agreements

They protect you from a lot of cross examination suggesting bias Or collusion with the attorney

Thank You! Questions?

Matt Powell, Esq.

304 S Plant Avenue Tampa, FL 33606 Matt@MattLaw.com 813-222-2222