Follow The Doctor’s Orders

December 2, 2024

By Thomas McCutcheon

Winning the Complex:

How We Secured a Seven-Figure Settlement Despite Defense Tactics

In personal injury law, every case comes with its challenges, but some stand out for their complexity. This week, we successfully resolved a particularly intricate case with a seven-figure settlement. The defense relied on a strategy aimed at overwhelming a jury with complicated medical theories and casting doubt on the causes of our client’s injuries. Here’s how we navigated this challenging case and ensured justice for our client.

The Challenge: A Defense of Complexity

The defense claimed that the jury would struggle to grasp the complex medical issues at the heart of our client’s injuries. They pointed to delays in treatment and raised alternative explanations for the client’s condition, even though medical experts refuted those theories during depositions. Their strategy hinged on making the case appear so complicated that jurors might feel unqualified to decide fairly. This is a common tactic: when the facts aren’t on their side, they muddy the waters.

Understanding Common vs. Complex Injuries

When a person suffers a straightforward injury like a broken arm, the medical implications are typically easy for jurors to understand. They may have personally experienced something similar or know someone who has. The treatment—casting, surgery, or physical therapy—is within the realm of common knowledge.
But when injuries involve delayed treatment, chronic pain, or conditions requiring extensive medical testimony, the situation becomes more challenging. Insurance companies exploit these complexities to argue that other factors, like pre-existing conditions or missed medical appointments, are to blame.

Overcoming Defense Tactics

In our recent case, the defense argued that our client’s condition stemmed from delayed treatment and alternative causes. However, we worked closely with a team of medical experts who provided clear and credible testimony rejecting these claims. The depositions were lengthy, detailed, and required a precise presentation to counteract the defense’s attempt to complicate the facts.

The Importance of Following Medical Advice

This case highlights an important lesson for anyone pursuing a personal injury claim: follow your doctor’s orders. Insurance companies scrutinize every missed appointment, unfilled prescription, or skipped therapy session. They argue that these lapses contribute to the severity of injuries, shifting blame to the injured party.

Why Experience Matters

This case underscores the importance of having an experienced personal injury attorney. Successfully navigating complex medical cases requires skill, expertise, and the ability to simplify intricate information for a jury. With our team’s commitment and strategic approach, we ensured the truth prevailed.
If you or someone you know is dealing with a complicated injury, don’t let the defense intimidate you with complexity. Contact us today for a consultation, and let us help you secure the justice and compensation you deserve.

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