You are here:

Personal Injury Law (Accidents/Slip & Fall)/Concussion with internal bleeding


On August 13, 2012, my wheelchair rolled off and tipped over on a wheelchair scale at a wheelchair service facility. I sustained a concussion with internal bleeding. My mobility is still not back to where it was before the fall. Although, I just returned to work full-time, I incurred medical expenses and used all my vacation time, personal days and sick days. In addition, I was on short-term disability for approximately 3 months getting 75% of my salary. Moreover. I am getting concerned if the fall accelerated my paraparesis. The company only called the following day and has not asked about my welfare since.

Do I have a claim?

Is it better to approach them by myself or with an attorney?

Thank you

Hi Marion,

Ouch!  That sounds like a real hard fall, and your body must have sustained some painful injuries, to say nothing of the possible consequences of having a concussion with internal bleeding.  Because of the seriousness of your injuries, I am going to approach this in two ways.  

FIRST difference on account of this (PROBABLY) being a very serious injury.
First, on account of the possibility, or more likely the PROBABILITY that you have a very serious injury, with symptoms that can continue for many years, I must treat this request as a most serious case, and I intend to give you a few hours of my time in an effort to make an answer that will be of use to you (as opposed to the “you need to see an attorney” two sentences responses we see all too often in this forum).  

What I will give you is—of necessity—going to be very, very long, and you might not need all of it if you do hire an attorney.  But I would sooner give you that extra work as something you can build upon just in case you continue with this claim on your own for awhile.

Understand, Marion, that it would be just fine with the site owners and managers here if I were to take the “standard” approach I have seen too many times here and just give you two sentences and send you off to see an attorney.  You picked the wrong person if that is what you want: something quick and easy to understand is probably NOT going to be any real help in the long run.

I have a personal challenge in getting my work out—in doing any work for that matter—so my answer to you has been two days delayed.  I will explain that at the end of my answer to you.  But aside from that two day delay, I do hope that what I am thinking about giving to you will be of some REAL help to you—something you can refer back to for answers in the coming weeks.

AND, I do hope you understand that I am going to challenge you in a couple of ways.  I am concerned about the long-term consequences of having (as you describe it) “a concussion with internal bleeding”.  I do not see any evidence that your doctors have been treating you for some of the known long-term residual symptoms of a hard trauma to your brain.  Maybe I am in fact out of line in this, Marion, but in thirty-five years at this kind of work, do you know what I have seen more often than not with respect to such brain injuries: the doctors “fix” things superficially, but unless the victim is lucky—or has a good attorney—he is just plain out of luck with respect to residual brain injury problems.  So I will give you a list the common symptoms below, and I challenge you to see just how many of those you exhibit, AND what kind of treatments you are receiving for those symptoms.  My bet is that the answer is none.  So getting proper residual medical—psychological care is a separate topic I will raise for you, Marion.

SECOND difference on account of this (PROBABLY) being a very serious injury.
Second, I am going to have to give you access to my private e-mail because I have to take yet another leave of absence from and you will likely want to ask me more questions.  

This second factor—offering you an opportunity to write privately to me—is the result of my needing more facts on the issue of the company’s negligence, and my own medical condition that makes it difficult to get any work done.  Here is a longer explanation, Marion.  

Because you did not give me sufficient facts for me to give you an opinion on causation (which is the basis for whether or not you have a claim), and because I cannot—for personal reasons—get my work out on this forum in a satisfactory manner, I am going to have to take another leave of absence, thus closing my window of availability until I get better (i.e. my own condition improves).  And since I feel obligated to provide you a good answer, I will have to ask you to write back to me via my private e-mail so I can get sufficient information on causation of this accident to make a decent answer to your question.  I will attempt to do a better job in answering my private e-mail than I have been doing here at to get my work back to you in a timely way.


NINE TOPICS for today, Marion.
Today, I am only going to address the following NINE topics, and will leave you to write to me so we can go further.  

#1. Need for more facts since no one could possibly tell if there was any negligence.
#2. Why I will not be available via
#3. How to contact me via my private e-mail.
#4. Facts that would support your having a claim.
#6. Two specific examples of insurance adjuster tricks via phone conversations.
#7. Concussion and TMJ considerations.
#8. Serious claim and attorney needed?
#9. Feedback at this point?

Ready, Marion?  OK, here we go.


#1. Need for more facts since no one could possibly tell if there was any negligence.
You asked if you have a claim, but 95% of what you wrote to me about deals solely with the injuries you sustained and your worries.  You did not give my any reason to think that there should be a claim against anyone since all you told me is that “my wheelchair rolled off and tipped over on a wheelchair scale at a wheelchair service facility.”

It is possible that you COULD have a claim, but how could anyone know that if you do not give us any facts that show a breach of a duty of care on the part of somebody.  The law of tort gives the right of action for an injured person against someone who caused that injury through negligence.  

We use the term “negligence” to connote a breach of duty by someone who owed the victim a duty.  Think of a driver: she owes a duty of care to all other drivers.  Or think of a retail store: they owe a duty to eliminate dangers so their customers can navigate the premises.  

When that driver or that store owner do not take care of their responsibilities in the same way that an ordinary reasonable person would, we call that a BREACH of their duty.  And in turn, that breach of a duty owed is what we call negligence.  You WILL have a claim if you can show that the wheelchair facility owed you a duty and that they breached that duty.  But beware: as I will explain below, it is increasingly more common these days for insurers to claim that the victim himself was at least in part responsible for the injuries he suffered.  More on that, which we call contributory or comparative negligence, in section #4, below.

Just skim this long article and don't spend much time on it: overview Tort Law Personal Injury Legal Claims  Bodily injury insurance claims explained at www.SettlementCentral.Com use search function for adjuster tips.

There could be a special duty of care if the facility is a place that deals with customers in their wheelchairs.  So I would need to understand what kind of place this was and what you were doing there, and what the procedure was and whether or not there was someone whose job it is to assist you.  It sounds like you struck your head when your wheelchair tipped off a ramp of some kind.  How far did you fall, and why were you still in the wheelchair?  Was there anyone around to warn or to assist?  Were there any warning signs or any barriers or safeguards in place to prevent falling from that ramp?  

One question defense attorneys sometimes ask a plaintiff at trial is, “Please tell us what you think my client did wrong.  Was there something you think my client should have done but did not do?”  If you were to answer those questions, we will have more information to formulate an opinion as to causation.  


#2. Why I will not be available via
For reasons not relevant here, I am two days late in getting back to you, Marion.  There are some personal circumstances that have impacted my ability to make timely responses of the quality that I like to give to the questioners.  

I do not want to give you just junk for an answer.  Making no real effort to “help”, but just basically sending you on your way with no real assistance is worse than not offering to help at all.  So I insist upon holding myself up to the standards I set here for many years, but it is very difficult this past year for me to perform to that standard.  

As a consequence, I have had to take another leave of absence from this site, effective immediately.  I have had to take many leaves of absence in the past nine months, and I do not know when I will be able to return.  If you try to contact me, the site shows that I am “on vacation”.  Wish it were true!  But instead, I am in treatment, and hope to return to full functioning some day.  

So there is no way for you to contact me through this site.  What I tried maybe two or three times before is to offer my “customers” here some of my private time in recognition of my appreciation for their having selected me from among all the other experts to help them.  I want to reward them for having made that choice (of choosing me) by offering my private e-mail to them in case they need additional information.  Hence, I will pass along that same opportunity to you, Marion.


#3. How to contact me via my private e-mail.
If I am wrong and the injuries you suffered are not so severe as I fear, then my answer here should be in sufficient detail to satisfy your needs.  But if I am correct in my conclusion that you have suffered very serious injuries, and if you would like to go further with me and explore the possibility of your having a claim, then I will instruct the staff at our website for insurance claim help www.SettlementCentral.Com tips and tricks to settle bodily injury claims to put your e-mail through to me.  

Here is how to do that.  Go to the home page of that auto accident claim help www.SettlementCentral.Com insurance adjuster letter site, and look for “contact us” in the top right of that home page.  In the body of your message, put in this language:

I am writing with the permission of Dr. Settlement via my question at

Then, put in your message whatever you wish to ask or to add or to supplement with the information I have asked for in this answer.  And, Marion, feel free to add any additional questions you wish to ask, and the staff at that car accident claim www.SettlementCentral.Com demand letter instructions site will pass your e-mail through to me.

Read my entire answer here so you can get a good idea or the topics I would want you to address if you wish to have a better answer to your questions.  Do NOT worry about any formal type of writing, Marion, since it will only be between you and me.  Your e-mail message will not be published online—it will stay in my inbox, and I will write directly back to you.  Everything will be private, OK?


#4. Facts that would support your having a claim.
Here is what we need to know: name a couple of things that somebody should have done or could have done differently that would have prevented the accident.   Give this some thought and come up with some ideas of how they could have protected you or avoided injuring you.  

Is there some kind of protective barrier or gate or structure that they could easily have put in place to prevent such accidents?  Did anyone at any time or anywhere ever mention that they had any previous accidents at that facility?  Those previous accidents to NOT have to have been the same as yours—by that I mean they do not have to involve the same ramp or edge your wheelchair fell off of.  ANY ACCIDENTS at all would be helpful.  So if you are part of a community that keeps in touch, ask around and see if anyone knows of any previous problems at that facility.  

What accommodations or what staff or what precautions were in place for you?  Were they expecting you to navigate some area by yourself when it would have been better to have someone push you?  Should they have had warning signs or someone to warn you about falling off the edge of a ramp?  Use your imagination, Marion, to come up with some additional facts or questions along these lines.

There are TWO SIDES to this question of “Do I have a claim?”  PLAY DEFENSE!

FIRST issue in proving negligence.
The first issue is: can you show that the company owed you a duty and that their performance did not rise to the standard of what a reasonable person would do.  That is called a breach of their duty, and hence negligence.  You can see from the issues above that I am trying to get at the topics of what duty was owed to you and the way in which they may have breached that duty (i.e. if they did not perform as a reasonable person would).

SECOND issue in proving negligence is PLAYING DEFENSE!
Ahhhh, Marion, here is the rub: you have to protect against an assertion that YOU were not at fault.  This is an increasingly common defense these days.  The adjusters will find any way to try to tag the claimant with negligence.  They call this either contributory negligence of comparative negligence.  Yes, there is a difference and if you write me back and ask, I can explain it.  But the main point for today—the point I want you to think about so you are READY and ABLE to defend it—is to show that you were not in any way responsible for the accident.

The adjuster might say that anyone in your position should have seen the danger and should not have proceeded on his own, but should have asked for help.  Something along that line is what you can expect.  So, just put yourself back in time to see what a reasonable person in your position would have done.   Be prepared to show how what you did was reasonable.  And/or your choices of action were limited precisely BECAUSE the company was negligent in failing to provide proper safeguards.  
Those safeguards could be anything from failure to have someone there to help a wheelchair operator, or someone to warn a wheelchair operator, to erecting a barrier or other physical way of stopping the chair from falling over the edge.

Part of your assertion on proving negligence ought to be that since this is a wheelchair repair facility, they ought to anticipate that wheelchair operators might come near to the edge of the ramp, or a similar way of showing that they did not prepare for something that most people would agree is a FORESEEABLE risk.  Hence, they owed you a duty and they breached that duty by failing to have people there to assist or in failing to erect barriers to protect against the fall, or, at the least, to place warning signs about the edge of the ramp.


Do NOT complain about the adjuster not contacting you, since the opposite can be harmful: too often the adjuster is hounding the victim—taking recorded statements, tricking the victim in to admitting responsibility for the accident, and pressuring the victim to settle early (which is a trick of the insurance adjuster and never is in the best interests of the victim).

Unless yours is an employee—employer claim or a first party claim (i.e. one made versus your own insurer), there is NO DUTY WHATSOEVER to speak with the adjuster.  Sure, she will try to make you feel like some kind of domestic terrorist if you do not let her record you, but that is a pressure tactic, and nothing more.  Do NOT fall for her pressure tactics—refuse to give her a statement.  

Now, we teach personal injury claims tactics at www.SettlementCentral.Com so insurance adjuster tricks are exposed for making high value insurance settlements.  Our members at injury claim help SettlementCentral.Com get demand letter help as well.  But among the early tactics we teach are those dealing with communications with the adjuster.  


#6. Two specific examples of insurance adjuster tricks via phone conversations.

Look, Marion, this adjuster is a pro at disarming the victim and getting them to admit that they do not really know why her insured is liable, and in fact, she will have you admitting liability if you are not forearmed with insurance adjuster tactics.  I will briefly go over two such tactics that could be relevant in your case.  These are just two examples I am giving you so you can see how difficult it would be to deal with this kind of thing if the adjuster were to spring this on you over the phone.  Actually, the first one (early settlement) is not too big a worry as a surprise since you will find a way to delay your response.  But the second example—the one dealing with fault (i.e. getting you to tell why their insured was at fault is part of this, and getting you to admit to some degree this could be your fault is the other part of this tactic)—is a TRUE TRAP for the unwary, so I DO want you to imagine how it would feel to have that one sprung on you in the midst of a phone call.  

The first of these two examples of insurance adjuster tactics will be trying to get you to agree to an early settlement, and the second tactic will be getting you in a recorded conversation admitting that you do not know WHY her insured should be liable, and in fact, getting you to admit some fault yourself.  

Am I wasting my time and your time in going over this kind of stuff?  Well, maybe.  Could be that she never makes an early offer.  Or it could be that she does not try to trick you on the topic of fault in a recorded statement.  BUT, based upon my experience, there is a high enough chance that she might try this stuff and the risk of having an adverse result is high enough that I think we should give this kind of stuff some extra time—because IF she were to try either of these, the results for you could be devastating to your claim.  

I do not mind putting in the extra time, and hopefully you do not mind learning just a bit more so that your claim is not undermined by a ten minute phone call with the adjuster.  

We can easily dispose of the first one, trying to get you to jump at an early settlement.  She will make it all seem so simple and easy.  And by the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters?  Please see my website wherein we show Insurance Claim Adjuster Secret Tactics adjuster tricks explained here: the “review committee” ruse and other tips to fight for a fair insurance settlement bodily injury award.

Responding to Settlement Offer From Insurance Claims Adjuster respond to adjuster settlement offer in writing only.  

OK, Marion, here is the real worry I have for you: the adjuster getting you in a recorded phone call and you are unable to state WHY her insured is liable, and WORSE, you admit that YOU are at least partially to blame for the accident.  

This is the example that we most fear, and it is why we do not want our insurance claim www.SettlementCentral.Com members giving insurance adjusters recorded statements.  Remember: this is HER TURF, not yours.  She has done this a lot; you have done this not ever before.  Using what little facts you did give me, I can see how she might be able to maneuver you into a position whereby you accept responsibility for the operation of your wheelchair.  

Once she gets you boxed in like that, it is an easy step to admit that you did not look here or look there or that you did not apprehend the risks that an ordinary, prudent wheelchair operator would have considered.  She will have you admitting that there were three or four things you could have done better.  That is all she has to get you to admit to.  The next step, admitting some responsibility for the accident comes from the logical extension of the impact of the three things you messed up on.  

The point here, Marion: you have no duty whatsoever to get involved in that conversation.  She can ask all of those via her attorney in the discovery phase if this goes to a lawsuit.  But of course by then you will also have guidance from your own attorney as to how to field those kinds of attacks that are disguised as questions.  Does this make sense to you: you do NOT have to give her any recorded statement!

So, politely, but firmly, decline the interview.  Tell her you would prefer to make a thorough and accurate response to her inquiries, so ask if she could kindly put them in writing and you will get right back to her with the responses.  Tell her that you know that she needs full information to make a fair settlement, and you are dedicated to providing all information that is relevant.  So could she please let you know what kind of information she is seeking, and you will provide it to her without delay.  

Car accident insurance claims are WWW.SETTLEMENTCENTRAL.COM most prevalent bodily injuries we deal with.  And next would be premises liability at SettlementCentral.Com called “slip and fall” or “trip and fall” or the like. Dog bite or animal bite claims are also covered.   But we do NOT cover the kind of claim you have.  Hence, I would NOT recommend that you spend the money to become one of our members UNLESS, in our later communications, we can see an advantage (i.e. how to save a lot via negotiation strategies for hiring an attorney that we teach our members).  

So my purpose here is not so solicit you as a member of insurance claims tips at www.SettlementCentral.Com but free insurance tips and insurance claims ideas are a different story, and I think we have some free pages that you will find useful.  So, while our site is not focused on wheelchair injuries at a wheelchair facility, maybe the kinds of questions asked in an auto accident will give you some idea of what to expect.

Detailed listing of questions to be expected from insurance claims adjuster  car wreck adjuster questions—short list.  Here is a better outline of questions to be expected from insurance claims adjuster auto accident claim again--longer list for you.

OH—I just thought of this: what if you have already given a recorded statement to the insurance adjuster.  Well, do not jump the bridge—there are some things you can do, and the first has to be to get your hands on a copy of your statement. Here are two pages that tell what to do now if you have already given a recorded statement to the adjuster.  I see now that they are nearly the same, so staff will have to trim one of them.  But just scan them to get an idea or two if you have already given the insurance adjuster a statement.  Recorded or Written Statement To The Adjuster After Injury Accident  already made a recorded statement to the insurance adjuster


#7. Concussion and TMJ considerations.
Marion: “GOSH, haven’t you gone on long enough—do you mean there is MORE I have to read??”
REPLY by Dr. Settlement: “Yep—this is possibly a VERY LARGE claim, and I have no way of knowing that since you did not give me much information.  Hence, I decided to put in a lot more time than usual, just in case.  It would be better to error on the side of providing too much information, rather than short-changing you with insufficient information.”

How hard did you hit your head?  It sounds like a pretty hard whack.  So, let’s first address that topic of the most significant potential injury, your traumatic brain injury.  Research that term, and especially post concussive syndrome and you will see some of the symptoms of that condition.  My bet is that you DO HAVE A MODERATE BRAIN INJURY.  And look at the potential for continuing symptoms—both physical and emotional (depression) from the list I will give to you. You MUST let your doctors know about these symptoms since they are a manifestation of your underlying problem, to-wit: you have a brain injury.  And you must insist upon treatment.

I think that yours MIGHT be a real significant claim, but only IF treated and handled properly.  You cannot mess around doing a self-help brain injury insurance claim www.SettlementCentral.Com instructs personal injury attorney with brain injury experience in such claims.  YES, Dr. Settlement does instruct DIY insurance claims SettlementCentral.Com is source of instruction for all SELF-HELP personal injury insurance claim settlements.  But consider this, Marion, when there is so much money at stake, the significance of even minor errors is greatly magnified—so even a small error can result in a loss of big money in your settlement award.  

And even worse than that risk of doing a do-it-yourself insurance injury claim is the risk of not getting the best medical care.  I hate to say it, but it is true: attorneys are able to get better care for their clients than if the client were to handle his own doctor selection.  

So, after all of this, I am saying to get an attorney—“But WHY”, you ask, “did you make me read through all of this if some attorney is going to do the work?”  For two reasons, Marion.  First, I cannot know what percentage of assurance there will be that you will ever decide to get an attorney, and so I had to prepare this long answer as if you never were going to hire one.  Believe me, I DO have some other activities in my life where I could be spending my time instead of volunteering here at, but—and this is the second reason—I DO take this responsibility seriously, and I am committed to giving my “customers” the very best service I can—arming them to go forth as prepared as I can make them.  Does this make sense?

OK, here is the info on the brain injury AND some extra homework on a jaw joint injury.  Two-bits says that the trauma to your head also displaced that little disc that maintains the space within the jaw joint.  Did you have headaches that were attributed to the brain injury?  Probably the doctors did not give one second thought to the jaw joint, but that is the way things work.  Here is the website of a superb doctor of dentistry who is a true expert in temporomandibular joint injury (TMJ—also known as temporomandibular joint disorder, TMD):

Let’s first examine what is a concussion and what is a loss of consciousness.  You DID HAVE A CONCUSSION, that much is for sure, since you hit your head.  So traumatic brain injury is in play in your claim since you suffered a brain concussion.  

Post-concussion syndrome, also known as post concussive syndrome or PCS, is a set of symptoms that a person may experience for weeks, months, or even years after a concussion, a mild form of traumatic brain injury. As many as 50% of patients who have experienced concussion have PCS, and some sources say as many as 90% of patients experience post concussion symptoms.   People who have had concussions may experience physical, mental, or emotional symptoms. Symptoms can appear immediately or weeks to months after the initial injury.

So, Marion, this that follows is the list of symptoms I want you to examine carefully, and if you show any of these symptoms, to INSIST that your doctor take this seriously and that he treat you for them.  It is ESSENTIAL that you make your doctor take care of you or to get you to a doctor who CAN treat you.  This is most important.  And, of course, any of these kinds of symptoms are the basis for a much larger insurance award on settlement of your claim.  

Physical symptoms can include:
•   headache
•   dizziness
•   impaired balance
•   nausea and/or vomiting
•   fatigue or sleepiness
•   inability to sleep
•   decreased libido
•   sensitivity to noise or light
•   ringing in the ears
•   double or blurred vision
•   decreased sense of taste, smell, or hearing

Emotional symptoms may include:
•   irritability
•   anxiety
•   restlessness
•   depression
•   lack of emotion
•   emotional lability or mood swings
•   lack of ability to tolerate stress or alcohol
•   aggression

Cognitive or mental symptoms can include:
•   amnesia or difficulty remembering things
•   confusion or impaired cognition
•   impaired judgment
•   slowed cognitive processing
•   difficulty with abstract thinking
•   difficulty concentrating
•   decrease in work performance
•   decrease in social skills


TMJ—temporomandibular joint syndrome: possible source for any HEADACHES.
This is another term I want you to research.  When an accident victim strikes her head, there is a good possibility that the disc in the condyle, or jaw joint disc, can be displaced.  One of the consequences of jaw joint displacement is headaches.  All too often in my practice, the doctors treated headaches as having originated from cervical problems, when in fact, they were due to a TMJ.  Did your doctors attribute the headaches you no doubt suffered to your brain injury?  Of course they did—as I say, they ALWAYS did that in my practice, until we had a good dentist prove that the headaches were instead due to the misplaced disc in the jaw joint.  This is where a good attorney can also help because she is going to find you a good dentist who is experienced at diagnosing jaw joint injuries.  And note: the jaw joint itself need not be struck—it is NOT the trauma to the jaw—but instead the movement of the jaw when the head is struck—that causes the disc displacement.

There are two at-home ways to see if your jaw joint is CLICKING when moving.  First, find the spot in front of the little lobes on the middle of your ears.  These are called “tragus”:

Now, put your fingers just in front of the tragus and over the jaw joint and open and close your mouth.  If the disc is far out of place, you will feel a click.  Better is for someone to stand behind you as you are seated and perform the same test.  That person can feel the click if your jaw joint disc is far out of place.

WHAT TO DO ABOUT REFERRALS:  If you feel that you do have any of these symptoms and they are of some significance, I WOULD INSIST UPON TREATMENT for them ASAP.  It is best to get your general practitioner to refer you, but you can self-refer if you have to.  Your attorney can also be a source of information on good specialists.  Here is what you would need: a neuropsychologist to test and to treat the brain injury.  That is where the big mental help will come from, and of course that is where the BIG INSURANCE SETTLEMENT DOLLARS come from also.  

As for the TMJ, a dentist who specializes in that field would be a lot better than an ordinary dentist.  The TMJ specialist is adept at diagnosis and treatment, and of course, at making records that will help in making a good insurance settlement.  


#8. Serious claim and attorney needed?
Yes!  Of course I could be waaaay off if in fact your injuries are just sort of minor.  But I cannot take that risk, Marion.  You wrote about a direct impact to your head and of brain injury and of internal bleeding.  Hence this “book” I have written for you.  I had to make a good explanation and plan for you in case you decided to try to finish this on your own.  

But the one advantage of bringing in an attorney at this stage is you are protected from having your doctors “dump” you.  Yes, that can and does happen.  The issue of being dumped versus continued medical care depends upon what kind of care you are entitled to, of course.  In other words, how easily the doctors can access payment.  But also, it depends upon whether or not you have someone in your corner who is looking out for you to get good care.  Someone who will push back on the medical establishment and INSIST upon proper care for you.

A good attorney will work hard to settle the insurance claim, that much we know.  But have you also considered that a good attorney will ALSO WORK HARD to make sure his client gets good doctoring?  In my own practice I had many instances where I was able to get continued care for my client notwithstanding the choice of the medical group to stop treatment once there was no money for payment.

We do have a attorney fee negotiation www.SettlementCentral.Com save thousands on your personal injury insurance claim attorney fees.  That is well worth the SettlementCentral.Com membership fee since some simple changes to the personal injury professional services agreement can put thousands of dollars into the pocket of the injured victim of negligence.  

If you are going to proceed on your own, at least seek out a member of your state’s trial lawyers association.  NO—this is NOT the state bar association.  The trial lawyers associations across the country are the ones who represent plaintiffs.  These are the experts.  Make sure you get someone who has handled brain injury claims.  

We do list the contact information for each state on our “links” page www.SettlementCentral.Com Trial Lawyers Associations by State near the top.

It is true that the head offices of those organizations will not give out the names of their members (think of the blitz of advertising they would receive).  But I have access to those names for some attorneys in your area.  NO, we do not ever receive any form of payment for referring someone to an attorney.  All we do is to get two or three names in your area who specialize in what you need (i.e. we need attorneys experienced in brain injury claims for you) and we pass those on to you.  

The attorneys never know who we are or how you got their names.  When we provide attorney names to choose from, we never ever know or care who you contact or who you select.  We do not receive any kind of kickback or referral fee.  I do not need to know who you selected.  If you want me to pass along some names, just let me know what general location for their office would work best for you.


#9. Feedback at this time?
OK, Marion, we have come to the end.  Finally!

The two last topics are (1) communicate in writing ONLY, if possible, and (2) please consider giving feedback at this time since this is the only opportunity for that.

Effective communication with insurance claims adjusters.  Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster settle insurance claim via e-mail not over the phone.

How about avoiding those phone calls and try to always communicate with the adjuster in writing, showing your own analysis in writing?  It is OK I guess to have one call or so, but no more.   Always have your information and ammunition in writing to give to the adjuster.

Let her know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking her what the options are to resolve the matter fairly should she not agree to a reasonable claim value. In other words, let her know that you will go through with a court filing if need be.

Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.  This will be your only opportunity to do that since if you were to write to my private e-mail, everything would be between us, with no interface with this website.  

With respect to my delay for two days in answering, I promised that I would mention this at the end.  I do have a personal situation that makes it difficult to perform my work. Hence, I have had to ask for (and have been granted) many days in a leave of absence.  This one day that I tried to open myself for questions was the first time in over six months that I have tried.  And when it became apparent that I could not do my work, I had to close my availability and ask for yet another leave of absence.  This is probably the sixth or seventh time I have had to do that, just in the past six months.  I hope that you will understand that, and also that my delay in these two days has not been an inconvenience or hardship for you.

Best Wishes, Marion,  

Dr. Settlement, J.D. (Juris Doctor)

keywords: prove negligence, www.SettlementCentral.Com, insurance claim defenses, brain injury, TMJ, attorneys  

Personal Injury Law (Accidents/Slip & Fall)

All Answers

Answers by Expert:

Ask Experts


Doctor Settlement


27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.


Life Experience: 27 years of front line plaintiff's trial lawyer experience

American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association

Publications: (Click on Title to Read)
Statute of Limitations
Vehicle Accident
Demand Letters
Policy Limits

Education/Credentials: J.D. (Juris Doctor) 1977

Awards and Honors: I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.

©2016 All rights reserved.