Cumulative trauma injuries, also known as repetitive stress injuries, occur over time due to repetitive motions or sustained activities that lead to long-term damage. In these cases, the presence of an experienced injury attorney becomes indispensable.
You could also read: The role of a premises liability attorney in seeking compensation for injuries
Unlike acute injuries from a specific incident, cumulative trauma injuries develop gradually, making them challenging to diagnose and prove. At MVP Trial Lawyers, some of our attorneys specialize in handling cumulative trauma claims, ensuring clients receive the compensation they deserve.
In this article, we’ll explore how they accomplish this.
Initial consultation process
Every journey to securing compensation begins with an initial consultation. During this meeting, the attorney analyzes the client’s situation, listens to their experiences, and determines the potential validity of the claim. They also provide an overview of the legal process, discuss potential outcomes, and answer any client questions.
This consultation is crucial for setting realistic expectations and establishing a trustworthy attorney-client relationship.
Evidence gathering
Collecting evidence is the cornerstone of a successful cumulative trauma claim. During this process, your legal adviser meticulously gather material such as medical records, employment history, and any other relevant documentation that supports the existence and extent of the injury. They may also consult with medical professionals who can provide expert opinions on the nature of the injury and its connection to the client’s work or activities.
Determining the date of Injury
One of the complexities in cumulative trauma claims is establishing the date of injury. Unlike acute injuries with a clear incident date, cumulative trauma injuries evolve.
This is why in these cases, the attorney works with medical experts to pinpoint when the injury likely began. The attorney likely asks for a med-legal evaluation to obtain an objective analysis of the client’s condition. These are conducted by medical professionals who specialize in assessing work-related injuries.
Since cumulative trauma claims must be filed within a specific time frame, known as the statute of limitations, this part of the process is essential for filing the claim before the deadline arrives.
Conducting Depositions and Discovery
Depositions and discovery are critical phases in the legal process where the attorney gathers testimonies from the involved parties. This may include depositions from the client, co-workers, supervisors, and medical experts. This kind of work helps to uncover essential information, identify witnesses, and build a compelling case by corroborating the client’s claims with factual evidence.
As you may know, credibility is crucial in almost any type of claim. An injury attorney ensures that the client and their witnesses provide consistent, credible testimonies. They prepare clients for depositions and trials, advising them on how to present their experiences clearly and convincingly. Additionally, expert witnesses, such as medical professionals, provide authoritative testimonies that reinforce the claim’s validity.
The importance of negotiation
Many cumulative trauma claims are resolved through negotiation. That’s the reason attorneys negotiates with insurance companies and opposing counsel to secure a fair settlement for the client. They leverage the gathered evidence and expert testimonies to strengthen their bargaining position.
Negotiations are often a great way to resolve cumulative trauma claims. However, the attorney has to be prepared to take the case to court in case these negotiations fail to yield a satisfactory outcome.
You could also read: 5 tips for choosing the best personal injury lawyer
Get expert guidance from our injury attorneys
If you want to fill a cumulative trauma claim, at MVP Trial Lawyers, we are prepared to provide continuous support and expert guidance.
We ensure to always keep clients informed about the progress of their cases, answer questions, and offer strategic advice. This support helps our clients navigate the often complex and daunting legal system, reducing stress and increasing the likelihood of a favorable outcome.
Contact us today at (213) 770–7700 or meet us at 5 Park Plaza Ste. 1510. Irvine, to learn more about how we can assist you.
