HOW TO MAXIMIZE YOUR RECOVERY IN YOUR UTAH ACCIDENT LEGAL CASE.

In over 22 years working as a personal injury attorney in Utah there is one key principle that stands out when it comes to getting what a case is worth. Here it is:

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IDENTIFY ALL INJURIES AND MAKE SURE THEY ARE EACH PROPERLY DIAGNOSED AND TREATED.

"What?", you say, "Isn't that the doctor's job?"

Maybe. But is it the doctor's job to make sure you get maximum recovery on your personal injury case?

In this day of specialization doctors are increasingly aware of their own area of specialization. An orthopedic surgeon, for example, can certainly spot a bone break. But is it realistic for him to also know symptoms of TMJ (temporomandibular joint disorder)


TMJ

[Note: the temporomandibular joint is one of two joints connecting the lower jaw bone to the temporal bone of the skull. It is a combined hinge and sliding joint.

Temporomandibular joint disorder is an abnormal condition with facial pain and poor function of the lower jaw. It is apparently caused by a defective or dislocated TMJ joint.

Some common signs are the clicking of the joint when the jaws move and partial dislocation. Mosby Medical Encyclopedia, Revised Edition.]

I once represented a Chinese client. He came to this country to go to school and decided to stay. While cruising the freeway in his Volkswagen bus one night, he was struck from behind by a large semi-truck.

His injuries were numerous and various and one day, after he had seen many doctors, he was visiting with me in my office discussing his Utah accident legal case. My attention was drawn to an audible "pop" sound which coincided with the opening of his mouth.

TMJ?

You better believe it. One of the worst cases I had ever seen (or heard). Here’s a checklist of TMJ symptoms that was provided by a TMJ specialist I work with:
1. Is there pain in or around your ears, jaw, head or neck?
2. Are there any TMJ joint noises such as popping, clicking, or cracking sounds or feelings?
3. Is it painful to eat or difficult to open your mouth?
4. Do you have frequent headaches?

HEAD INJURY

Another common malady in Utah accident legal cases (especially after auto accidents) is a closed head injury. A closed head injury is when there is trauma (injury) to the brain that does not result in a skull fracture.

One type of closed head injury is a concussion. "Concussion" is a violent jarring or shaking injury to the brain. Mosby Medical Encyclopedia, Revised Edition.

Closed head injuries are actually quite common after car accidents and can occur even though the injured person did not strike her head.

"A rapid acceleration and deceleration of the head can force the brain to move back and forth across the inside of the skull. The stress from the rapid movements pulls apart nerve fibers and causes damage to brain tissue. This type of injury often occurs as a result of motor vehicle crashes and physical violence, such as Shaken Baby Syndrome." Source: Brain Injury Association of America.

There at least twelve (12) common symptoms of closed head injury. Years ago I obtained a list of these common symptoms from a neuropsychologist. (A "neuropsychologist" is the medical professional who specializes in the diagnosis and treatment of closed head injuries.The list was developed for a research project: “Behavioural Outcome in Head Injury” by Sureyya Dikmen, Ph.D., Principal Investigator.

Here are the symptoms:
1) headaches;
2) fatigue;
3) dizziness;
4) blurred vision;
5) trouble concentrating;
6) bothered by noise;
7) bothered by light;
8) irritability;
lack of patience;
9) loss of temper easily;
10) memory difficulty;
11) anxiety;
12) insomnia.

WHERE DO YOU HURT?



In addition to these checklists, one way to spot undiagnosed injuries is to ask yourself: “where am I still in pain?”. Let your doctor (or lawyer) know and get a referral to a doctor who is skilled in treating that part of your body. Here’s an example: pain radiating down arms or legs can be a symptom of a disk herniation. Intervertebral disks are soft “pads” that separate the bones of your spine. An accident can rupture the disk’s outer covering (annulus fibrosis) causing the inner substance (nucleus pulposus) to push outward. This is called herniation and it can create pressure on surrounding tissues, most importantly the nerves which exit from your spinal cord. This pressure at the spinal level can cause pain all the way into your fingers or toes. Sometimes surgery is required to fix it.
The point here is that if you have the symptoms of a disc herniation you probably need an MRI or CT scan. (Note: symptoms of disc herniation need to be observed by a competent medical professional to determine if one of these tests is needed.) If you have a disk herniation which is properly diagnosed through one of these “imaging studies” your case will increase in value.
More importantly for you, in the long run, something can be done to treat it. If no MRI or CT scan is done then you don’t get compensated for the injury and you suffer from it without proper treatment

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