Medical Expert?
With bodily injury claims, consider retaining a medical expert when you notice indicators such as: an extensive history of BI claims, soft tissue injury with excessive medical care/treatment; a complex and serious injury; pre-existing injury or condition; and/or a delay in symptoms and diagnosis.
Prior to suit being filed, an expert’s opinion may assist you in negotiating a settlement and/or in eliminating additional claimed injuries that may be asserted at trial, years after the accident. Prior to discovery, the medical expert could provide valuable input toward collecting medical information necessary to establish the best possible defense. Expert opinions regarding what medical depositions to conduct, important medical areas to explore, or even what questions to ask may lead you to a more focused, efficient and cost-effective defense.
The type of medical expert you retain is also important (i.e., orthopedic surgeon, neurosurgeon or chiropractor). Choosing the appropriate expert is essential to a successful defense.
Should your expert actually examine the claimant? The general rule is - yes, when serious injuries exist or when the monetary damages are extraordinary. Allowing your medical expert to examine the claimant also adds credibility at trial, or to your position in any settlement negotiations.
Lastly, consider the cost of retaining an expert in light of the overall value of the case.
