A mother of two young children with a job outside the home is driving in her car and is hit from behind. After the accident, she has neck pain and headaches. This results in her losing her job and needing extra help in caring for her children. The neurologist who is asked to give an independent assessment of her situation determines that he can find no permanent neurological injury resulting in permanent (partial) invalidity. The opposing party claims that, given the lack of permanent injury as a direct result of the accident, there is no reason to pay her the claimed compensation for loss of income.
What might have gone wrong?
- Is a neurologist the right specialist for this case?
- Should a pain specialist, a rehabilitation physician or a psychiatrist also have been consulted?
- Were the questions asked of the medical expert the right questions, especially when trying to determine a causal link between the accident and the permanent injury?
- Did the expert use the appropriate criteria in evaluating the objective presence of the client’s injuries?
At Wildeboer AVS we take care so that these things don’t go wrong. Our firm has handled many whiplash cases and we know how to deal with insurers’ typical (and not so typical) resistance to pay whiplash related claims. Try us - we are confident you will be satisfied.