please share thoughts on defense eval

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
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admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

please share thoughts on defense eval

Post by admin »

Just found out that our attorney hired a videographer to video tape the evaluation done by the defense sides doctor that they hired. I have never heard of this before.

For those of you whose children were evaluated for your legal suit by the defense side, did your own attorney have it video taped? Do you think this is a good idea or not to good of an idea? Just concerned that it could backfire and be one more thing they try to use against me to show how good she is doing or something. I would greatly appreciate your experience with or without video or any thoughts you have. Thank you very much.
Francine_Litz
Posts: 2199
Joined: Sat Mar 22, 2003 9:03 pm

Re: please share thoughts on defense eval

Post by Francine_Litz »

In my layman's mind, I think it's a great idea. (but you need to ask your attorney why)

For example, Maia was asked to supinate. And she did it...but she had to bring her body down onto her hand and that's how she smooshed her hand into supinating. My attorney was there to witness it... but if she wasn't, a tape would have proven what Maia did to make it supinate...proving that she can't supinate.

good luck,
francine

phaliscak
Posts: 313
Joined: Mon Mar 11, 2002 2:56 pm

Re: please share thoughts on defense eval

Post by phaliscak »

Michael was video taped a long time ago. At who's request I don't remember. My feeling is this. I feel your concern about what can be argued as she not being that bad, after all all they care about is getting off cheap and if they can, get off completely. I have to put my faith in my lawyer and when it is all said and done the facts remain that our children will still have to live with their injury. I have gotten to the point that the case is important but not my world. I need to concentrate on Michael and Michael only giving him as many advantages as possible to make his life easier. Try not to dwell on how the case is and how it is being put together. You will drive yourself cray and give yourself unwanted stress. If you have a good lawyer he/she will be doing what has to be done to win your case. Then it's all up to the jury and we have no control over that. Instead try to focus on your child as if there where no trial. This has kept my priorities and sanity straight for the past 5-6 yrs. of trial stress. Good luck.

Patty
Anita Hammer
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Joined: Tue Nov 13, 2001 7:52 am

So Did Our Attorney - and WE USED IT!

Post by Anita Hammer »

It's a wonderful idea. That way nobody can say something happened or didn't happen - because you have the tape.

In our case - we ended up using their evaluation against them - because their own doctor found the same and worse than our own doctors!

Didn't end up making any difference - we lost - but that wasn't the reason!
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