In a perfect world, the truth would be the only thing that decided the outcome of a civil injury lawsuit. And of course, the truth is a critical element. But what also matters is how skillfully your attorney can present it. What facts, records, testimony can he or she bring to support your assertions? How well does he or she understand the technicalities and procedures? How well-equipped is their law firm to meet the requirements?
In the case of Small v. Sayre, several car accident victims, injured in a collision, were awarded lower damages than what they believed they were entitled to receive, based on the weight of evidence at trial. However on appeal, the Alaska Supreme Court ruled that because the verdicts were not first challenged before the trial court, all of the challenges were waived. This really comes down to a technical issue, and it illustrates why it is so important to have an experienced injury attorney.
According to court records, plaintiff was idling in traffic with his wife and daughter when defendant rear-ended his vehicle. Plaintiff, his wife and daughter were each transported to the hospital, where they were treated, prescribed pain medication and advised to follow up with their primary care doctor. In the months and years that followed, the family members sought treatment for a variety of ailments they asserted were the result of the crash. Plaintiff sought treatment from doctors and chiropractors for neck and back pain. His wife sought treatment from a half dozen medical providers, including neurologists, chiropractors, an orthopedic surgeon and physical therapists. She suffered from chronic migraines and upper body pain. She was recommended for spinal fusion surgery, but ultimately did not undergo it, first due to her pregnancy and later due to cost. Continue reading