The Edelsteins Faegenburg & Brown’s Post

Name: The Edelsteins Faegenburg & Brown on LinkedIn: #personalinjurylaw #nyc #lawyer
Uploaded: 2024-04-17T16:17:37.889Z
Duration: 5 min 24 s
Channel: The Edelsteins Faegenburg & Brown

The Edelsteins Faegenburg & Brown

218 followers

8mo

Challenging the "No Harm, No Foul" defense in personal injury cases requires expertise and understanding that not all injuries are visible. Glenn Faegenburg sheds light on the nuances of proving the severity of soft tissue injuries - from herniated discs to mild traumatic brain injuries - which might not be immediately apparent but have profound impacts on quality of life. Such injuries dismiss the myth that if there's no broken bone, there's no serious harm. Knowledge and experience in showcasing the true extent of these injuries are crucial in legal battles, emphasizing the importance of specialized legal representation. Watch the full Vlog here: https://lnkd.in/eiK4eiqp #PersonalInjuryLaw #NYC #Lawyer

Transcript

Well, the next one that I wanted to discuss is how do you counter a no harm, no foul defense. Meaning that while we admit that we may have caused the accidents, we don't believe that there was any injury that was of any significance. All right, now this is used all of the time in so many different types of cases. Where you have an automobile case, there's actually a serious injury threshold in New York, so you have to reach a certain threshold to be able to even make a case. And so there's often a defense in those cases that whatever is really the plaintiff has, it's just not a serious injury. Same thing can happen in a trip and fall. Same thing can happen in medical malpractice we're somebody recovers. All of those are potential cases where they can raise the no harm, no foul defense. So how do you counter that well? First of all, I think that you need to educate a jury that some of the worst injuries that people can get don't involve broken bones. So I would like, did you, did you break a bone? That's always the big question. And by the way, breaking bones is a terrible thing. It can be very, very painful and depending upon the bone, it could take a long time to heal. It may require surgery. It may require significant surgery. But there are other types of injuries that we call soft tissue. Insurance and soft tissue, by the sound of it makes it sound like a then it's not a big deal. They're soft tissue. Who cares? Not true soft tissue injuries like ligament tears. Soft tissue injuries like herniated discs. Soft tissue injuries, like brain injuries can be very, very severe. Can be worse than a broken bone. Many broken bones, depending on how they broke, break and how they heal. Will often just heal and without too much incident. The problem is when you're dealing with something like a herniated disc. Bernina just just don't under herniate on their own. So you can be stuck with a lifelong problem. And the problem is something like a test is while the discs are in your back, they can actually affect all sorts of parts of your body. For example, if you have a herniated disc in your lower back, you can get what they call sciatic pain. I'm sure you've heard of that down your legs into your feet and you could lose your ability to walk because of a back injury because of the way the nerve structure is. In the lower back and saying this true with the net, if you injure the neck, you have a disc herniation in your neck, you can lose feeling, you can lose strength in your arms. So it's it's a very, very significant and serious injury and it's important that you have an attorney that knows. About the significance of the injury and is able to explain why these soft tissue injuries can often be devastating. The brain injuries we'll talk about. There's an area of brain injury called mild traumatic brain injury, similar in some ways to post concussion syndrome. And when you have this type of injury, it may not be like readily apparent. If you saw someone on the subway, you might not know that they have a brain injury because they can walk, they can talk. And so they can function to that extent, what they will often have or losses that you might not just be aware of, but family members, people that spend time with these people are very aware. So their losses in memory, losses in cognitive ability, changes in behavior were somebody who is a kind person all of a sudden becomes very irascible and angry. These are all things that can be a result of a traumatic brain injury. And while they're called mild traumatic brain injuries, MTBI, they're not mild by any stretch of the imagination. To the person who has sustained them, they are often permanent and they are often have a tremendous effect on quality of life, especially if you're somebody who had a very high degree of function to begin with. So. You can't underestimate the significance of these soft tissue injuries. They're going to try to make it sound like, uh, you know what? It's just some sprains and strains and it's no big deal, OK? And the award should be minimal with a good attorney if your injuries are such that you do have significant quality of life issues due to a disk herniation due to ligament tears that required surgery due to a mild traumatic brain injury. These things can be life altering and devastating, so you need somebody who can get that across. To a jury in the event that the case goes to trial. Then.

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The Edelsteins Faegenburg & Brown’s Post

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