I also believe our jury system is one of the most unique and fairest systems in place for obtaining justice on a given injury case. In fact, the U.S. is the last country to offer jury trials for all civil matters. I also believe there is a time and place for an injury case to go to a jury trial to take it away from the insurance companies using a computer program agenda, and I am big supporter of other trial lawyers that do ii for their injured clients. However, I also believe that most of the need to use a jury on an injury case can be avoided by adapting the ideals presented in this book, and it all begins with the doctors effectively documenting the injuries. I believe a thoroughly documented injury can lead the values of these cases to a very fair range of settlement with the insurance companies which does completely eliminate the need to use the time, resources, money and energy of the injured client and the courts. Yet, the courts should be swiftly used when fairness and equity dictate! I am a realist, and I understand that an injury trial has its time and place.
This book also ties into the insurance claims adjusters and their perspective using the computer systems for injury claims evaluation. Claims adjusters working with the insurance industry are the frontline professionals who, in my opinion, generally want to honestly perform at the highest level possible within the confines of the insurance company they are employed. I have generally had great working relationships with these folk. They are required to work within the system of the company and cannot step out of the procedures the company has set up for them. Some insurance companies almost impute a “cult like mentality” to indoctrinate their claims departments as to soft tissue injuries not being potentially serious injuries (see my chapter in the book on loss motion segment integrity). Yet, I still believe, despite the negative, if the legal community can combine powers with the medical community to assist the claims adjusters, especially if they are required to use Colossus or the other computer programs to adjust injury claims, by helping them in their responsibilities and requirements of the evaluation system, it would be a positive outcome for all involved. This is just another reason of my motivation for writing this book to be published for doctors.
This book was written with doctors and their medical staff in mind, and I want to make sure they understand the power they have in documenting their patient’s injuries for the computer programs while their claim is in pre-litigation review, and should it proceed to an actual trial.
This book discusses:
1. Colossus and its “cousin” computer programs, and how they are used by the claims adjusters;
2. what injury symptoms or diagnostic codes carry more value over other symptoms and codes; and,
3. how to write your diagnosis in a more effective manner, and to make sure nothing, no matter how minor, is being overlooked in the medical documentation.
This book was also written to make doctors realize when they are treating a personal injury victim they have a great opportunity to maximize the settlement value through effective medical documentation. This book may not answer all of your medical questions and simply cannot cover every aspect of a given or specific injury.
However, I encourage you to call me with any questions you may have while you are reading this book, or after you have finished it. It is my belief that if you know the information presented in this book you will have a better understanding and appreciation of what your injured patient faces, and you will also know what questions you will need to ask them during their medical care.