Litigating Neck and Back Injuries

Soft tissue injury cases are plagued with challenges. The injury cannot be proven objectively with an X-ray, malingerers have tarnished the credibility of the entire claim category, and initial settlement offers can be pitifully low.

As a result, these common claims will test your resourcefulness. Special techniques are required, and you can find them in Michael Morse’s Litigating Neck & Back Injuries. His practical book is filled with creative strategies for making the injury more tangible, and model forms for improving your advocacy.

Litigating Neck & Back Injuries explains in detail the medical and legal aspects of common neck and back injuries, focusing on how to win larger settlements with better discovery, negotiation and trial techniques.

Maximize neck and back injury awards with this practical collection of battle-proven pleadings, discovery documents and questionnaires, practice checklists, demonstrative evidence, and novel techniques. This book-and-CD package will help you:

Deal with skeptical insurance adjusters
Quantify pain and suffering
Estimate future lost wages
Win over the plaintiff’s physician
Refute common defenses
Understand and explain medical test procedures
Challenge medical exam results
Depose and cross-examine medical experts
Depose and cross-examine the defendant
Overcome proof problems
And much more

Prove what seems unprovable. Litigating Neck and Back Injuries will help you build a solid case of liability and damages. Some of the helpful information includes:

Injury diagnosis and proof

16 objective tests of the severity of soft tissue injuries. §1:300
Checklists for determining sources of neck and back pain. §3:60
The biomechanics of whiplash injuries, with extensive citations to medical journals. §3:220
A checklist of symptoms associated with neck and back pain. §3:240
Common defense tactics to claims of closed head injuries. §3:370
Measuring and documenting pain and suffering. §8:70

Settlement

A checklist of damage claims to consider in all neck and back injury cases. §1:230
Tips for dealing with adjusters. §8:120
Questions to help elicit all aspects of the injury from the treating physician. §8:160
Overcoming the special problems of the soft tissue injury case. §8:240
Dealing with lowball settlement offers. §8:290
Uninsured and underinsured motorist coverage. §8:700

Pretrial

A table of causes of action correlated to likely defendants. §1:350
Sample complaints. §1:360
Neutralizing the ‘independent’ defense medical expert. §8:610
Exploring the defense medical examiner’s financial records. §8:620
Model questions for deposing the IME. §9:310
Deposing the defense psychological medical examiner. §8:652
Outline for deposing the defendant. §9:330
Request for Production, Memorandum in Opposition to Physical Examination, Plaintiff’s Motion to Bar Evidence of Pre-existing Injury. §§9:430-520
Three different opening statements that can be used to introduce pre-existing injuries. §1:190
Sample foundations for admitting x-rays, CT scans, MRIs, and thermographic and spinoscope evidence. §§3:470-540

Illustration Gallery

The Illustration Gallery contains 90 anatomically accurate, full-color illustrations of the head and spine, created by professional medical illustrator Chris Brown. Use these illustrations to help your treating physician document your client’s injuries and/or blow them up for use at trial. More information about Chris Brown can be found in his bio.

Includes free companion CD-ROM with searchable full-text of the book, as well as 70 easy-to-use forms which can be accessed and modified with your preferred word processing program, and the entire Illustration Gallery in PDF format.

Updated annually. ISBN 0-938065-55-6 Book price: $99.00

Reviews

"This practical and well-organized book covers the entire litigation process from initial client intake through appellate advocacy. ... Tarantino’s book does not guarantee success in head and neck claims. However, a lawyer who follows his cogent advice can rest assured that the claim has been advanced fully, fairly, and vigorously."
—Excerpted from Lawyers Weekly USA

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Related Titles:

Determining Economic Damages

Maximizing Damages in Small Personal Injury Cases

Medical Evidence

Medical Proof of Whiplash

Personal Injury Forms: Discovery & Settlement

Slip & Fall Practice

More Personal Injury Law Publications

Updated 11/11/09