News & Analysis as of

Bodily Injury Medical Records

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

Goldberg Segalla on

As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

Marshall Dennehey

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

Marshall Dennehey on

Key Points: Plaintiff’s non-retained experts are treating physicians, and their testimony at trial should be limited to their scope of treatment, diagnosis, and prognosis with respect to the injuries alleged....more

Marshall Dennehey

Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law

Marshall Dennehey on

Jenkins v. Samuels, No. 3:21-CV-229, 2022 WL 20475979 (S.D. Ohio Nov. 17, 2022) - While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain,...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Medical Documentation in a Personal Injury Claim in Florida

One of the most important aspects of any personal claim is establishing the extent of your damages. Proving your damages is crucial due to the fact that, contrary to what some believe, a jury does not simply pull a number out...more

J.S. Held

Case Study: "Red Flags” in a Soft-Tissue MVA Claim

J.S. Held on

The nurse reviewer in the following case study observed a pair of patterns in the medical records for a Motor Vehicle Accident (MVA) that helped to serve as mitigate points in favor for the insurance adjuster. This article...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Dentons

Using Surveillance to Aggressively Defend a Claim

Dentons on

Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Ward and Smith, P.A.

North Carolina Cases Involving Traumatic Brain Injuries

Ward and Smith, P.A. on

A traumatic brain injury ("TBI") results from a specific traumatic event causing some type of damage to the brain. Such trauma could be the head being struck by an object or being jolted by a collision, or even having an...more

Miles & Stockbridge P.C.

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

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