Alice Carrion was hurt in a car accident and taken to the San Antonio Community Hospital ER via ambulance. Alice incurred chiropractic bills at $5,287.90 and an additional $2,800 for ambulance and ER care.
Car damage was moderate at $3,000, resulting in a total loss.
Allstate offered $6,000--not even enough to cover the medical bills. This is now the ‘new normal’ in many PI cases. Plaintiff demanded $14,000 to settle.
The case went to trial. Allstate hired well-known DC medical expert, Brian Killeen, who testified that the DC care was neither reasonable nor or necessary, and that Dr. Svastits overcharged! He never examined the patient, however.
The jury believed Dr. Svastits and said so afterwards. They gave verdict for plaintiff for $26,000. Plaintiff will also get all court and expert fee costs on top of that award.
August 14, 2014
Congratulations.
We read ALL PI cases with LAc or DC testimony. If you testify, please let us know about it.
In a discussion with several trial lawyers, one new attorney asked if he signs a lien, and the case goes ‘bust,’ how can he get his patient out from having to pay the doctor?
The answer is, no matter what, once the Patient signs his portion of the PI Lien, with or without the lawyer’s signature, the lien still requires the patient to pay the doctor in full. Even if the case goes “bust”. Doctors cannot ethically work for “free” on PI cases betting whether the case is “good or not”.
Wednesday, October 22 @ 1:00 PM Sharp!
Why a Psychologist can be crucial in a PI case
With our guest
Dr. Susan Ashley, Ph.D.
Clinical and Forensic Psychology
E-mail johntawlian@shawnsteel.com
for telephone # and pass code
Most Jurors don’t want to serve. Many are brainwashed that accident victims are trying to get “free money.” The last thing they want is to see a lying plaintiff. Even a minor ‘lie’ will be punished.
Dora went to trial in Van Nuys, claiming she suffered severe low back pain in a rear end collision. She sought DC and LAc care. Then she received epidurals. Her bills totaled over $75,000. The collision itself was substantial.
Dora swore in her deposition that she never had prior back pain. She is 55 years old.
Unfortunately at trial, her sworn testimony was impeached. Allstate was able to prove she lied:
| ❖ | She had seen chiropractors over 25 years generally complaining of low back pain. |
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| ❖ | In fact, she had seen the very same DC who treated her for this accident. She failed to disclose that he had treated her for 5 years before the accident for LBP. |
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| ❖ | Sadly, the DC was not forthcoming and was himself impeached when he failed to tell that Dora was a pre- existing patient with LBP. |
Jurors told the attorneys afterwards they were enraged with Dora, the doctor and the attorney. The attorney was blindsided! The jurors believed their time was wasted and they awarded for Defendant.
Van Nuys, LA Superior Court July 17, 2014. Hon James Kaddo
| PROFESSIONAL TIP |
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| ✓ | Anyone over 25 probably had LBP |
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| ✓ | Always ask if your patient ever saw a DC or Lac; if so, assume they had back pain and get those records. |
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| ✓ | Patients honestly forget—but most ‘know’ if they had similar prior injuries |
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| ✓ | Good attorneys can explain how LBP is easily ‘aggravated‘ to make a good case. Lying destroys. |
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All Doctors are welcome to join US
• CCA Districts
Orange County 10/22/14
San Mateo 10/29/14
San Joaquin/Stanislaus 11/18/14
Alameda County 11/20/14
• 2014 SCU Extravaganza
Anaheim 10/31/14
• Dr. Tong & Associates
Agoura Hills 11/22/14
Corona 12/4/14
Santa Ana 12/13/14
For questions call John at 310-697-9000 or
e-mail johntawlian@shawnsteel.com
