The Importance of Diagnoses for a Personal Injury Lawyer

In Louisiana, one of the biggest and most important determinations which a personal injury lawyer must make early on in the case is the extent of the client’s harm.  For those of us who have had the misfortune of having a simple mechanical damage before, like a broken leg or a broken collarbone, we may think that such an early preliminary diagnosis is an easy one to make.  Actually, this is hardly the case.  Many problems can develop into significant ones over time, and some injuries, when they actually first occur, are undetectable for a long, long time until later, when they finally rear their ugly head.

Why are some injuries almost or completely undetectable when they first happen?  There can be a few different reasons.  For one thing, when we are involved in a traumatic event, like a car accident or a slip and fall, our bodies tend to release what is commonly called “adrenaline.”  Without getting too scientific, adrenaline is the human body’s response to a physical threat to one’s being.  It can heighten senses, increase alertness, and sometimes even make pain disappear momentarily.

Another reason that injuries may take a while to become noticeable is that the trauma which first causes the injury (like a car accident) may not also be the direct source of pain.  For example, if someone suffers a herniated or bulging disc as the result of a physical trauma of some sort, they very well may not feel anything initially.  But as the bulging discs become progressively worse over time, then the injury make start to interfere with nerves and other sensitive parts of the body which cause pain. 

One example of this “delayed response” is an allergic reaction to something.  Many times when we come in contact with a substance that our body is allergic to, we don’t realize it immediately.  For example, I enjoy hiking.  I am also (unfortunately) allergic to poison sumac.  Sometimes it takes a full 24 hours for my body to show signs of exposure to this plant.

Diagnosing medical problems is not truly the work of a personal injury lawyer, but rather, doctors.  There are many different types of physicians which a trained attorney may have in their rolodex and who can treat a wide variety of accident injuries.  This diagnosis is of paramount importance.  I have heard of cases where a person’s back injury took many years to develop into an injury which caused them pain.  If that injury was ultimately caused by a car accident or other accident, then at least here in Louisiana, the statute of limitations (or “prescription” as it is known in our state) would have run out.  This means that they do not have any recourse in the civil justice system, and they are stuck with whatever medical bills or lost wages which they have.  If that person had consulted with an attorney right after the accident, that attorney probably could have pointed them in the direction of a professional who could project future difficulties for the injury which had yet begun to cause pain.

This article is not meant to be anything other than information on the law.  For legal advice, please speak with an attorney.  Will Beaumont.  New Orleans.