Tested Forms and Strategies for Proving Neck and Back Cases
Soft tissue injury cases are plagued with challenges. The injury cannot be proven objectively with an X-ray, malingerers have tarnished the credibility of the entire claim category, and initial settlement offers can be pitifully low.
As a result, these common claims will test your resourcefulness. Special techniques are required, and you can find them in Michael Morse’s Litigating Neck & Back Injuries. His practical book is filled with creative strategies for making the injury more tangible, and model forms for improving your advocacy.
Litigating Neck & Back Injuries explains in detail the medical and legal aspects of common neck and back injuries, focusing on how to win larger settlements with better discovery, negotiation and trial techniques.
Maximize neck and back injury awards with this practical collection of battle-proven pleadings, discovery documents and questionnaires, practice checklists, demonstrative evidence, and novel techniques. This book-and-Digital Access package will help you:
- Deal with skeptical insurance adjusters
- Quantify pain and suffering
- Estimate future lost wages
- Win over the plaintiff’s physician
- Refute common defenses
- Understand and explain medical test procedures
- Challenge medical exam results
- Depose and cross-examine medical experts
- Depose and cross-examine the defendant
- Overcome proof problems
- And much more
Prove what seems unprovable. Litigating Neck and Back Injuries will help you build a solid case of liability and damages. Some of the helpful information includes:
Injury diagnosis and proof
- 16 objective tests of the severity of soft tissue injuries. §1:300
- Checklists for determining sources of neck and back pain. §3:60
- The biomechanics of whiplash injuries, with extensive citations to medical journals. §3:220
- A checklist of symptoms associated with neck and back pain. §3:240
- Common defense tactics to claims of closed head injuries. §3:370
- Measuring and documenting pain and suffering. §8:70
- A checklist of damage claims to consider in all neck and back injury cases. §1:230
- Tips for dealing with adjusters. §8:120
- Questions to help elicit all aspects of the injury from the treating physician. §8:160
- Overcoming the special problems of the soft tissue injury case. §8:240
- Dealing with lowball settlement offers. §8:290
- Uninsured and underinsured motorist coverage. §8:700
- A table of causes of action correlated to likely defendants. §1:350
- Sample complaints. §1:360
- Neutralizing the ‘independent’ defense medical expert. §8:610
- Exploring the defense medical examiner’s financial records. §8:620
- Model questions for deposing the IME. §9:310
- Deposing the defense psychological medical examiner. §8:652
- Outline for deposing the defendant. §9:330
- Request for Production, Memorandum in Opposition to Physical Examination, Plaintiff’s Motion to Bar Evidence of Pre-existing Injury. §§9:430-520
- Three different opening statements that can be used to introduce pre-existing injuries. §1:190
- Sample foundations for admitting x-rays, CT scans, MRIs, and thermographic and spinoscope evidence. §§3:470-540
The Illustration Gallery contains 90 anatomically accurate, illustrations of the head and spine, created by professional medical illustrator Chris Brown. Use these illustrations to help your treating physician document your client’s injuries and/or blow them up for use at trial.
Includes free Digital Access full-text of the book, as well as 70 easy-to-use forms which can be accessed and modified with your preferred word processing program, and the entire Illustration Gallery in PDF format.
REVISION 17 HIGHLIGHTS
The latest update to Litigating Neck & Back Injuries, author Michael Morse brings you the following:
Sample Traffic Crash Report [§ 9:370.1]
Sample Motion to Compel Discovery Responses [§ 9:501]
Plaintiff’s Motion in Limine to Exclude Evidence of Liens [§ 9:520.6]
Motion to Quash Subpoena [§ 9:530.1]
Motion for Summary Disposition – Negligence, Causation, Serious Impairment of Bodily Function,Permanent Serious Disfigurement [§ 9:530.2.1]
Motion for Summary Disposition re: Late PIP Check [§ 9:530.2.2]
Motion for Protective Order Limiting Exam [§ 9:530.3.1]
Motion to Show Cause – Sample Motion [§ 9:530.3.2(a)]
Bad Faith Letter [§ 9:530.3.3]
Motion to Exclude Evidence re: Vehicle Damage to Correlate Injury [§ 9:530.3.4]
Motion to Compel Deposition [§ 9:530.6]
Motion to Compel Adjuster Log Notes [§ 9:530.7]
Motion to Compel/Protect Facebook Information [§ 9:530.8]
Sample Case Evaluation Summary [§ 9:543]
NEW & UPDATED TEXT!
Chapter 9: Interviewing the Client and Filing the Case
Defendant’s Deposition Outline (Plaintiff to Defendant) [§ 9:330]
Deposition Outline – Plaintiff to Police Officer on Scene [§ 9:370]
Alternative Dispute Resolution – Mediation [§§ 9:540-9:542]
ABBREVIATED TABLE OF CONTENTS
CHAPTER 1 INTERVIEWING THE CLIENT AND FILING THE CASE
CHAPTER 2 ANATOMY OF THE NECK AND BACK
CHAPTER 3 DIAGNOSING NECK AND BACK INJURIES
CHAPTER 4 TREATING NECK AND BACK INJURIES
CHAPTER 5 EVALUATING PERMANENT IMPAIRMENT
CHAPTER 6 INVESTIGATION OF THE CASE
CHAPTER 7 THE PHYSICIAN
CHAPTER 8 DEALING WITH DEFENSE TEAM: INSURERS, DEFENSE COUNSEL AND IMPARTIAL MEDICAL EXPERTS
CHAPTER 9 PRETRIAL PROCEDURES
CHAPTER 10 PREPARING FOR TRIAL AND APPEAL
CHAPTER 11 TRAUMATIC BRAIN INJURY
TABLE OF ABBREVIATIONS
TABLE OF FORMS AND FIGURES
TABLE OF CASES
TABLE OF STATUTES
ABOUT THE AUTHOR
Michael J. Morse is the owner of the Law Offices of Michael Morse, P.C. and the Auto Accident Claim Center in Southfield, Michigan. Mr. Morse is a trial attorney who handles only personal injury matters. He began his education at the University of Arizona where he earned a Bachelors of Science in business. To continue his college career, Michael graduated in 1992 with honors from the University of Detroit School of Law with his Juris Doctor. Prior to founding Michael J. Morse, P.C., Michael was employed with a medium-sized personal injury law firm. Since the opening of his firm in September of 1995, Michael J. Morse has grown to be the largest law firm in Michigan specializing in automobile, truck and motorcycle accidents. Michael frequently lectures on automobile claims and technology in law firms nationwide. He is an executive board member of the Michigan Association for Justice, and a respected member of the State Bar of Michigan and the American Association for Justice. In addition to serving as legal counsel to his clients, Michael also serves as a case evaluator and arbitrator in Wayne, Oakland and Macomb counties.
Mr. Morse lectures frequently on trial techniques and on various aspects of Michigan’s No-Fault law. He has given numerous seminars for various national organizations, including legal, medical and chiropractic organizations.
Further, Michael is an adjunct professor at University of Detroit-Mercy School of Law where he teaches law practice management.
In 2007, Michael was appointed by Governor Jennifer Granholm to Michigan’s Chiropractic Board. Michael is one of the public members on the Board. His term is 4 years.
As of June of 2011, Michael Morse, PC employs 75 people, including 26 attorneys. The entire firm specializes in handling automobile, truck and motorcycle accidents, both first and third party. The firm has a strong emphasis on spinal cord injuries, as well as other back and neck injuries and traumatic brain injuries. Besides the firm’s third party negligence practice, a large portion of the firm’s resources are dedicated to first party litigation against Michigan No-Fault insurance companies. Referral fees are guaranteed in writing.
If any reader of this book has suggestions, comments or questions, please email Michael@morse-law.com.