Houston Personal Injury Lawyers » Damages Expert – Counselor or Psychologist
An Explanation of How a Counselor or Psychologist Can Help Demonstrate the Value of Your Pain & Suffering
In our many discussions on the topic of proving up damages in relation to Houston 18-wheeler accidents, one of the most consistent topics we bring up is how there are almost always certain intangible losses involved in a wreck. Whereas someone such as an economist has to delve only occasionally into the qualitative harms, counselors and psychologists constantly deal with, diagnose, and solve mental health issues. Their job is certainly difficult, but for the sake of your trucking accident lawsuit, they could make all of the difference.
We at Our Law Office would like to go over a few significant issues regarding counselors and psychologists. We will first explain in detail the subject material they handle, followed by an elaboration on how a psychological perspective could be a major boon to your lawsuit. Emotional pain and suffering might not be easily dealt with, but at least we can explain its significance in your pursuit of justice.
What Expert Witnesses Do for a Case
An expert witness is any highly qualified professional in a particular field who is prepared to evaluate your unique circumstances, as well as testify on your behalf so that a jury may better understand said circumstances. A damages-specific expert witness is a professional who testifies for the purposes of explaining to a jury where the value associated with your losses stems from. For example, an occupational rehabilitation expert can explain to a jury the costs associated with an injured person having to begin a new career path, since an injury keeps this person from earning a living the way that he or she used to.
The purpose of a psychologist or therapist acting as an expert witness, testifying on your behalf, is to help a jury understand the full extent of your pain and suffering claim.
Pain and Suffering: Understanding Intangible Damages
Of all the troubles resultant from a Houston-area trucking accident, pain and suffering can be among the most harmful. They can also be the most costly, which is why our legal system allows you to seek compensation for these damages: financial losses caused by the negligence of another. Granted, the scars, burns, and disabilities of an accident are obviously enormous injuries, but know that damages, in a legal sense, do not have to only be related to physical injuries.
Yet, one of the most sizable obstacles for a litigator to overcome is arguing purely inner costs; that is, the emotional tolls an accident victim will have to pay for the rest of his or her life. It’s one thing for a trucking company to pay for your doctor’s visits and medication, but what about the worse quality of life itself? What about the mother who lost a young child due to a truck rear-ending her van, or of the husband whose wife is now in a coma? Both are deprived of a unique love that they’ll never enjoy again, which is why they are worth damages in a court of law.
Luckily, our civil system offers hope to an otherwise hopeless situation. Our common law and statutes reflect a commitment to giving accident victims recourse, even if they must meet a burden of proof prior to obtaining any actual compensation. This is where we and your mental health expert come in: Our Law Office will make the legal points to secure damages for your intangible losses, and a relevant counselor or psychologist can back up these points. In the next section, we’ll address just how they do that.
How a Counselor or Psychologist Helps Your Houston 18-Wheeler Trucking Accident Lawsuit
There is a wide variety of reasons why a psychologist or psychological counselor is helpful to a Houston 18-wheeler accident claim. The first major advantage among them is that the professional can make clear what real harm is done as a result of pain and suffering. With the assistance of a counselor or psychologist testifying or writing a report to contextualize how an accident-related condition can impact someone daily, you can help a jury’s members understand your experience, and arrive at their own conclusions. For example, a psychologist could take the stand to explain, in his or her own words, how the death of a relative in a wreck on I-45 is causing the plaintiff to suffer depression, which in turn leads to the plaintiff being incapable of doing even basically productive activities.
However reasonable they may be, our arguments will probably be perceived by the jury as somewhat biased: we do want you to win, after all, and there is a certain degree of suspicion associated with hearing even good points from partisan representatives. With any assistance of a psychologist, though, the perceptions could change: our points about irreparable mental and emotional harm ring truer than ever before when a psychologist reaffirms or elaborates on them. A professional witness can almost always make a difference, but this is particularly true in a challenging area such as psychology.
Our Law Office is Prepared to Help You Recover
A key component of your strategy going into such recourse is the expertise of a mental health professional, and with his or her testimony, your claim has a boost that may put your argument over the top with the jury, making them realize just how much this incident has made you suffer.
If you would like to know more, then feel free to call us at our toll-free number. Anything you say – especially issues regarding mental health – will be kept private.
Damages Expert – Orthopedic Surgeon
Houston Personal Injury Lawyers
The Expert Testimony of an Orthopedic Surgeon Can be Used to Convey the Severity of Your Injury
It may be essential to your chances of winning your case that you have a traumatic personal injury expert witness to testify on your behalf and validate the severity of your injury. It is just as essential, however, to make sure your attorney calls on exactly the right kind of expert. If the injury you sustained in your trucking accident involves any sort of reduced range of motion, affects your bones or joints, or involves any sort of arthritic condition, then you will have to have an orthopedic surgeon as your expert witness.
This area of medicine, also referred to as orthopedics, focuses on musculoskeletal conditions and treatments.
The attorneys with Our Law Office have relied on scores of orthopedic specialists as expert witnesses during or two decades in practice, and those experts have helped a great many of our clients obtain fair compensation.
What an Orthopedic Surgeon Does
Orthopedic surgeons treat a wide range of conditions through both surgical and non-surgical means, including degenerative diseases, congenital disorders, tumors, infections and diseases. They also, in many instances, perform spinal surgery and joint replacement. It is not only important that you have an orthopedic surgeon testify on your behalf, it is also vital that you have the appropriate type of orthopedic specialist. That is because the typical orthopedic surgeon focuses on one area of the body, such as the knee or hand.
How Orthopedic Surgeons Contribute to Personal Injury Cases
There are several ways in which orthopedic surgeons assist in personal injury litigation. They may evaluate a plaintiff’s claim when a physical examination is necessary, and then provide a written report, or provide unbiased, expert opinions that are used in settlement negotiations or in a trial. Orthopedic surgeons are also relied upon for testimony in depositions or in court in regard to matters concerning the appropriateness of past medical treatment or current care, current condition or standard of care issues. An orthopedic expert can also help a plaintiff and his or her attorney determine if a case is worth pursuing.
Orthopedic surgeons who serve as expert medical witnesses have a lot at stake; each time they testify in a deposition or get on the witness stand in front of a jury, their reputation is on the line. Therefore, they must advocate for the truth and only provide unbiased opinions supported with evidence. That evidence must be based on research found in peer-reviewed literature of the highest quality. The orthopedic surgeon’s expert opinion must always be straightforward, honest, clear and helpful, clearing up complex issues that a layman does not understand.
The Standards of Professionalism
For the orthopedic surgeon who serves as an expert medical witness in your case, again, his or her very reputation will be at stake that expert’s testimony must be in accordance with the merits of your case, scientifically correct and truthful.
Orthopedic expert witnesses are required to comply with the American Academy of Orthopedic Surgery’s (AAOS) Standards of Professionalism. Here are the standards, as found on the AAOS website:
An orthopedic expert witness shall not knowingly provide testimony that is false.
An orthopedic expert witness shall provide opinions and/or factual testimony in a fair and impartial manner.
An orthopedic expert witness shall evaluate the medical condition and care provided in light of generally accepted standards at the time, place and in the context of care delivered.
An orthopedic expert witness shall neither condemn performance that falls within generally accepted practice standards nor endorse or condone performance that falls outside these standards.
An orthopedic expert witness shall state how and why his or her opinion varies from generally accepted standards.
An orthopedic expert witness shall seek and review all pertinent medical records related to a particular patient prior to rendering an opinion on the medical or surgical management of the patient.
An orthopedic surgeon who provides oral or written medical testimony or expert medical opinions shall provide statements only about subject matters in which he or she has relevant clinical experience and specific orthopedic knowledge in the areas of medicine that are the subject of the proceeding.
An orthopedic expert witness shall provide evidence or testify only in matters in which he or she has relevant clinical experience and knowledge in the areas of medicine that are the subject of the proceeding.
An orthopedic expert witness shall be prepared to state the basis of the testimony presented and whether it is based on personal experience, specific clinical or scientific evidence.
An orthopedic expert witness shall have a current, valid, and unrestricted license to practice medicine in any state or U.S. territory.
An orthopedic expert witness shall maintain a current certificate from the American Board of Orthopedic Surgery (ABOS), the American Osteopathic Board of Orthopedic Surgery, or the certifying body, if any, in the country in which the orthopedic surgeon took his or her training.
An orthopedic expert witness shall be engaged in the active practice of orthopedic surgery or demonstrate enough familiarity with present practices to warrant designation as an expert.
An orthopedic expert witness shall not misrepresent his or her credentials, qualifications, experience or background.
An orthopedic expert witness shall not agree to or accept an expert witness fee that is contingent upon the outcome of a case.
Compensation for an orthopedic expert witness shall be reasonable and commensurate with expertise and the time and effort necessary to evaluate and testify on the facts of the case.
The Other Side May Have its Own Expert, so You Must be Prepared
A good defense attorney will have his or her own expert witness, and that witness would very likely be an orthopedic surgeon as well who specializes in the same area of the body as does your witness. It is imperative that you, your attorney and your expert witness all prepare as if the defense will be as thoroughly prepared as you. Your attorney and witness need to anticipate the defense’s arguments in attempting to refute your witness’ testimony.
It is very likely that the jury in your case will hear conflicting testimony; for example, while your witness may state that your injury is severe enough that you will never be able to return to work, the defense’s expert could very well state that you are exaggerating the seriousness of your injury in order to get as big a payday as possible. It will then be up to the jury to decide which expert is more believable. As a result, your attorney will have to choose an expert who the jury will see as consistent and credible.
We only rely on orthopedic surgeons of the highest repute as medical witnesses; during our two decades of practice, our clients have benefited from the testimony of some of the most well-renowned orthopedic surgeons in Texas. If your case requires this sort of expertise, you can rest assured that we will only call in the best of the best. If you would like to learn more or speak with one of our attorneys for a confidential and free consultation, please do not hesitate to call Our Law Office.
Damages Expert – Neurologist – Houston Personal Injury Lawyers
How a Neurologist’s Expert Testimony Can Help Convey the Extent of Your Injuries Following a Truck Accident
An injury suffered in a trucking accident is typically much more severe than one sustained in an automobile accident, for the simple reason that an 18-wheeler is much larger and thus delivers a more devastating impact. Many times, these kinds of injuries can do catastrophic damage to a person’s central nervous system and specifically spinal cord injuries are, unfortunately, all too common in this type of accident.
If you suffered this sort of injury in your trucking accident, then you may need the help of an expert witness who specializes in neurology – a branch of medicine that deals with nervous system disorders – in order to convince a jury of the severity of that injury. And your medical expert witness will have to have impeccable credentials in order to make the most convincing argument possible on your behalf. At Our Law Office, we work on a regular basis with some of the most highly regarded neurologists in the state of Texas. We can call on one of these professionals to help sway a jury as to the severity of your injury and help you secure equitable restitution. To learn more, please call us at.
What is Neurology?
Again, neurology treats disorders of the central nervous system. These disorders chiefly affect the brain, brain stem and cerebellum as well as the nerves in the spine. Some conditions regarded as neurological diseases include depression and dementia. To clarify, a physician who practices neurology is called a neurologist. A doctor who performs brain surgery is called a neurosurgeon.
Neurologists are trained in the diagnosis and treatment of problems affecting the nerves, spinal cord and brain. Typically, they perform neurological tests of the nerves in the head and neck, reflexes, balance, muscle strength and movement, and cognitive abilities such as memory, language, speech and sensation.
In order to become a neurologist, a person has to meet the following requirements:
Four years of premedical education at a university or college.
Four years of medical school, culminating in the acquisition of either an MD (doctor of medicine) or DO (doctor of osteopathy) degree.
A one-year internship in internal medicine.
A minimum of three years worth of training in a neurology residency program that is accredited.
What a Neurologist Expert Witness Does
A neurologist medical expert witness – or any medical expert witness, for that matter – exists to help the people involved in a case – attorneys, plaintiffs, defendants, jury members, etc. – to understand complex medical evidence. The court relies on the testimony of a medical expert witness to determine the medical facts in a case.
When a neurologist acts as an expert witness, he or she will look at all pertinent medical records, analyze the effect the injury has had on your quality of life, and help your attorney assess the damages, or financial losses, that you have incurred as the result of the accident that resulted in your injury.
The medical expert testifying on your behalf will assess your prognosis for improvement and provide an opinion as to whether or not your condition will improve sufficiently to the point that you can return to work. He or she will establish the impact of your injury on the quality of your day-to-day life, as well as the duration and extent of any disabling condition you may have. The neurologist medical expert will provide a report your attorney will use as evidence when arguing the amount of compensation that you should receive for the injury you have sustained.
Although the expert neurologist witness will be testifying on your behalf, it is still incumbent upon him or her to provide objective evidence to the court. This obligation overrides any duty he or she may have to you and your attorney.
The impact that an expert neurologist medical witness has on your case will be greatly affected by his or her medical qualifications. In order to maximize a jury’s confidence in the testimony delivered by that expert witness, he or she has to have significant professional credentials. Otherwise, you will run the very high risk a jury will not attach the required amount of credibility to your witness, and your case could be in serious jeopardy. The defendant, in an attempt to avoid as much liability as possible, will probably have its own neurologist expert witness who will be trying to convince the jury your injury is not as severe as you are claiming. Your case will probably simply boil down to which expert the jury finds the most credible.
Again, the attorneys with Our Law Office only call upon expert neurologist medical witnesses with the most impressive credentials, and who are held in the highest esteem by their colleagues. By limiting our involvement to only the top echelon of neurologists, we will give you the best chance to make the most convincing argument possible to a jury. Please call us for a confidential and free consultation in regard to the accident in which you were involved and the injury you sustained. After listening to the specific circumstances surrounding your case, we will let you know how we may be able to help.
Damages Expert – Pain Management Expert – Houston Personal Injury Lawyers
The Importance of a Pain Management Expert’s Testimony in a Truck Accident Lawsuit
The devastation caused by 18-wheelers when they collide with smaller vehicles is usually immense, with smaller passenger cars and trucks totaled and their occupants severely injured – sometimes even tragically killed. If you’ve suffered an injury in a semi-truck wreck, then the chances are strong that you’re dealing with a serious or even crippling injury that is causing you a great amount of pain.
At Our Law Office, we want to make sure that you have the opportunity to consult with a pain management expert for a couple of vital reasons. First, the torment created by a debilitating injury can be immense and affect you in ways you had never imagined both physically and mentally. Different doctors and nurses specialize in various aspects of pain management such as acute pain, chronic pain, neurology, medication and addiction, and psychology. Moreover, some pain management experts focus on assisting different age groups, with geriatric and pediatric pain management experts needed whenever a senior citizen or a child is coping with pain after an accident. Many of these experts have cutting-edge therapy techniques that are designed to assist with the management of discomfort and pain for specific injuries and for specific types of people.
Second, as 18-wheeler accident attorneys who try to help injured Texans pursue compensation after they’ve been injured in big-rig wrecks, we also understand the legal importance of consulting with a pain management expert. After you’ve suffered an injury that is causing you lingering pain, you need to consult with a pain management expert who can document the severity of the pain you’re feeling and the emotional distress this pain is causing you, then later testify to the degree of pain in court if necessary. When you sue the party who caused your accident for damages, you have the right to seek compensation for the pain the injury causes you in addition to the monetary expense caused by treating the injury. However, you need to have a way of proving the severity of the pain you’re experiencing, and that is where the pain management expert comes into play.
How do you find a pain management expert you can trust to be fair, accurate, and convincing? That’s where we can help. Our lawyers have been litigating personal injury cases for more than two decades, and we’ve dealt with a vast array of different injuries during that time. In order to help our clients, we’ve turned to many different pain management experts over the years, gradually learning which specialists we can trust to handle different pain management issues specific to a given client. For example, if your 85-year-old grandmother is suffering severe neck and back pain after being in an accident with an 18-wheeler, then we’d want to bring in the geriatric chronic pain specialist we trust. On the other hand, if it’s your child who has been hurt, then we’ll direct you to one of the pediatric specialists with whom we regularly consult.
What we have learned about pain management experts is that while they do need to have impressive doctoral or nursing degrees, certifications from applicable governing bodies in their field like the American Board of Physical Medicine and Rehabilitation, and years of experience, they also need to have a compelling personality and ability to communicate their expertise both convincingly and in a manner the jury can understand.
If you’d like to know how we can put you in touch with a pain management expert who can assist with the severe pain you’re experiencing following an 18-wheeler accident, then call Our Law Office today for a free consultation.