Rear-End Collision Spine Injuries and Preexisting Conditions: Establishing Causation and Damages

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, October 24, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss car accident spine injuries from rear-end collisions and offer guidance on recurring challenges related to preexisting conditions and causation.
Faculty

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000. For the last fifteen years, he has been running a trial team dedicated to the representation of injured individuals in California which has handled matters specializing in civil litigation that involve complicated medical issues and disabilities. Mr. de Saint Phalle is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers’ compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.

Licensed as a chiropractor, Dr. DeGaetano has worked with medical doctors, chiropractors and law firms all over the United States to help professionals work together across disciplinary lines. His areas of expertise include whiplash and brain trauma, the biomechanics of spine trauma, soft tissue injury and repair, pain and proprioceptive neurology, and the management of spine and spine-related disorders.

Dr. Jones-Quaidoo is an orthopaedic spine surgeon who is board-certified and fellowship-trained, specializing in back-related disorders. He attended the University of Maryland to achieve his undergraduate degree in Biological Resources Engineering. From there, Dr. Jones-Quaidoo he went on to the University of California, Los Angeles, to complete his medical degree. While there, he discovered a passion for orthopaedics and went on to the University of Virginia for residency. Dr. Jones-Quaidoo was then accepted at the prestigious Norton Leatherman Spine Center in Louisville, KY for fellowship in spine surgery.

Mr. Lucia is a partner in the Rains Lucia Stern St. Phalle & Silver, PC (“RLS”) Personal Injury Group, Legal Defense of Peace Officers Practice Group, and Collective Bargaining Practice Group. He has worked with RLS since 2000 and over his many years at the Firm has had the opportunity to successfully represent numerous association and individual clients in all three practice areas. As part of the RLS personal injury trial team, Mr. Lucia has successfully represented clients in civil litigation for personal injuries, including industrial accidents, product liability, professional malpractice, auto, bicycle, premises liability and maritime accidents. His representation has resulted in numerous RLS clients, and their family and friends, securing millions of dollars in damages. Mr. Lucia litigates a high volume of catastrophic injury cases for on-duty first responders and routinely navigates complicated recovery rights involving workers’ compensation matters and industrial disability retirements through numerous pensions systems.
Description
Car crashes account for a significant portion of the approximately 17,000 neck and spinal injuries that occur every year in the United States, and many of those are rear-end accidents. Many, if not most, of the injured have experienced some previous accident, condition, disease, or event that might theoretically have caused similar injuries to the present ones. This can make it difficult to determine causation for the most recent injuries, with defendants wanting to suggest that preexisting conditions should preclude recovery and plaintiffs wanting to suggest that they justify higher damages.
Rear-end collisions can produce a broad range of injuries, sometimes from what might be portrayed as a slight impact. Parties often strenuously debate whether rear-end collisions can cause certain types of damage. Counsel face unique difficulties in identifying spinal injuries, overcoming recurrent defenses, identifying the right experts for different types of injuries, and quantifying what may seem like "invisible" damages.
Listen as this experienced panel guides counsel through recurring challenges related to preexisting conditions and causation related to spinal injuries from rear-end collisions.
Outline
- Types of spine injuries commonly seen after rear-end collisions
- Types of preexisting conditions
- Asymptomatic
- Symptomatic preexisting condition that is worsened
- Overall physicality is diminished
- Physical and mental preexisting conditions
- Proving causation
- Different injury
- Aggravated injury
- Categories of evidence
- Medical records
- Medical expert testimony
- IMEs
- Pitfalls to avoid
Benefits
The panel will review these and other key issues:
- Is the driver behind always at fault in rear-end accidents and how does this affect damages?
- What types of medical experts are most useful for plaintiffs and defendants in rear-end collision cases?
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