To Litigate or Not to Litigate, that is the Question!

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Each week we post a blog about relevant legal issues.  Glance through our various topics to learn more about a particular legal situation.

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To Litigate or Not to Litigate, that is the Question!
Written By: Josh Lowell ~ 8/3/2020

After a car accident, you should be focused on one thing and one thing alone – getting resolution for your pain symptoms. This means that a lot of your time will be dedicated to appearing (and driving to!) the doctor’s office. The end goal of this hard work is to not only feel better but to also substantiate your claim for personal injury against the at-fault driver’s insurance company. If successful, the insurance company should be willing to reimburse you for medical expenses, wage loss, and to pay you for the pain and suffering you were forced to endure as a result of the crash.

Sometimes, unfortunately, this series of events requires a bit of luck or an insurance adjuster in a great mood. Often, the insurance company will respond with the dreaded lowball offer. In other words, you may have been involved in a serious collision and incurred thousands (or tens of thousands) of dollars in medical bills and wage loss. If the insurance adjuster does not see the value in your case, he or she will often make a minimal offer hoping that you will just take it and go away.

This is a frustrating situation. You have already experienced pain as a result of the collision. You have already been forced to BLOGPOST_WeightRS.jpgendured months or years of medical treatment to get better. You are out of pocket quite a bit of money from bills and lost wages. Now, this insurance adjuster whose sole job it is to save this multimillion-dollar company money refuses to pay you your fair share. In this instance, many times, the only real solution is to file a lawsuit against the at fault driver.

To litigate or not to litigate, that is the question. When you retain a personal injury attorney, we focus on what is in your best interests. Ultimately, it usually comes down to a cost-benefit analysis. If we file a lawsuit, will we win enough to offset the increased fees, costs, and time that will be required to reach final resolution. Before any final decision is made, your dedicated personal injury lawyer would have a meeting or phone call to answer all the questions. We would outline all the options in detail so that you can feel you are making an informed decision.

Sometimes, if the insurance company’s offer is “good enough,” clients often feel that the risks and time associated with litigating a personal injury claim just isn’t worth it. In those cases, we do our best to maximize the prelitigation settlement offer to ensure our clients can walk away with the most possible money for their claim. Other times, our clients are willing to take the chance in litigation, which means often spending money and time with the hope of walking away with a fairer resolution for their claim.

If you have been involved in a car accident or suffered another injury at the hands of a third party, please contact the experienced litigators at the law offices of Magnuson Lowell. 

P.S. Our team will provide you the information and recommendations you need to make decisions appropriate for your case. Call today for a free case evaluation!

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Head Injuries after a Car Accident
Written By: Josh Lowell ~ 7/27/2020

The impact from a car accident may be incredibly forceful. The resulting collision may force your head to crack against the airbag, window, or headrest. This type of blow often leads to head injury. Unlike broken bones or even more common whiplash symptoms, the effects of head trauma often go unnoticed. It is important to recognize the possible indicators of a head injury and seek proper medical attention. These conditions – especially if left untreated – may lead to severe cognitive decline and both temporary and permanent disability.

After a motor vehicle crash, the force of the blow often leads your head to impact the interior of your vehicle causing your brain to crush within against your skull. Even in situations where your head does not hit the vehicle’s interior, the high-speed whiplash effect after a crash may be enough for your brain to suffer damage from intercranial movement. Often, the first sign of a head injury is a simple headache, which often goes unnoticed or blamed on other pain complaints like neck pain. However, there are many other symptoms that you should look for after a crash and bring to your doctor’s attention right away if noticed, including:

  • Ear ringing
  • Nausea
  • VomitingBLOGPOST_HeadInjury.jpg
  • Fatigue or drowsiness
  • Blurry vision
  • Confusion or “brain fog”
  • Dizziness
  • Forgetfulness and trouble concentrating
  • Speech difficulties
  • Irritability and other personality changes
  • Sensitivity to light and noise

From mild cases of concussion, time, returning to life activity, and over-the-counter medication may be recommended by your treating physician. However, if more severe, brain scans may be indicated to ensure there is no objective brain injuries or bleeding. Speech therapy, physical therapy, and vestibular therapy may be utilized to help rehabilitate concussion symptoms by improving strength and returning connection within vestibular system (your inner ear) to proper balance.

Most milder concussion injuries will improve over time. Working with your care team to get back to normal life may be your best bet to returning to your baseline condition. With more severe injuries, support groups and ongoing treatment may help you manage your symptoms. After a car accident, especially if you have suffered a brain injury, support is crucial to ensure your rights are protected. At the law office of Magnuson Lowell PS, our team of qualified attorneys are dedicated to fighting for you.

Call today for a complimentary case evaluation.

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Shoulder Injuries and Car Accidents
Written By: Josh Lowell ~ 7/20/2020

There is no doubt about it. Car accidents impart huge amounts of force on your body from many different angles. Seatbelts and airbags only do so much to prevent severe injury or death, but the human body is not meant to endure rapid, whiplash movements. After an auto collision, your entire body might be hurting from your neck down to your feet. Shoulder injuries are a common complaint after a car accident due to the physiology of your shoulder and the forces of impact.

Imagine your shoulder like a ball and socket. The rounded head of the humerus bone sits nicely tucked in a well-fitting bed of ligaments and cartilage. Especially after large-scale collisions, your shoulder blade pushes forward quickly before getting caught by the seatbelt. Often, this quick movement is enough to tear the tissue surrounding the bone, which can result in substantial shoulder pain and limitation.

If your shoulder tissues have torn, you will notice some or all the following symptoms:

  • Pain – especially with overhead activities
  • Grinding, popping, and sticking in your shoulder socket  BLOGPOST_Shoulder_RS.jpg
  • Decreased range of motion in your shoulder
  • Reduced strength in your arm and shoulder
  • Swelling and bruising in the shoulder

Depending on the severity of the symptoms, your medical doctor will likely want to take an MRI to help confirm their diagnosis. The most well-known shoulder injuries after a collision include that of your labrum, rotator cuff, and the acromion (AC) joint. While strengthening with physical therapy can often help your body recover to some degree. If the injury is severe enough, surgery is often warranted.

The type of surgery mostly depends on the level of tearing in the joint. Your orthopedic surgeon will be in the best position after reviewing the MRI to determine what type of surgery will be needed. With the advancements in medical technology, shoulder surgeries will often only require an arthroscopic repair. During an arthroscopy, the orthopedist inserts a small camera into your shoulder joint, which displays on a television. The physician then uses miniature surgical instruments to repair the ligaments. The alternative is an open repair and is typically utilized where the tearing is much more substantial. 

Arthroscopic shoulder repairs can be quick, efficient, and lead to a more expedient recovery. After an auto collision, acquiring the proper medical attention is of the utmost importance. If your shoulder feels painful or weak, you should immediately consult with your medical doctor about the next steps. Whether through physical therapy or surgery, shoulder repairs are quite common after car accidents.

Experienced attorneys will help guide you after an auto accident. While not medical doctors, qualified personal injury lawyers engage with injured clients daily. Understanding the medicine behind car accident injuries is half the battle to enjoying a successful insurance claim. The litigators at the Law Offices of Magnuson Lowell, PS offer a free case evaluation. Call today to learn more about your rights after an accident.

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