“Proving that a collision caused a broken leg is easy,”
. . . states Alex Pletch, Attorney at Rizklaw. “Soft tissue injuries, such as strains and sprains, do not show up on x-rays so they are not easy to prove. Insurance companies devalue claims when there is no obvious wound or broken bone. Doctors and accident reconstruction experts can provide the necessary proof of injury.”
RIZKLAW represented Mr. Mall, who had pre-existing arthritis, in a car crash case. The insurance company lawyer argued that Mr. Mall’s pain was due to arthritis, not the collision. Dr. Jonathan McClaren, our expert, evaluated the crash based on the damage to the cars, where the cars wound up after the collision, and the testimony of both drivers about their speed at the time of the collision.
Dr. McClaren is a certified expert in:
(a) accident reconstruction
(b) biomechanical engineering (the science of how crash forces affect human bodies)
Dr. McClaren concluded that soft tissue injuries, not arthritis, was the cause of Mr. Mall’s pain. However, at trial, the Judge refused to allow Dr. McClaren to testify.
RIZKLAW appealed the Judge’s ruling.
The Oregon Court of Appeals overruled the trial court Judge and ordered a new trial for Mr. Mall.
The Court of Appeals also acknowledged that in a vehicle collision, understanding the forces involved in the collision helps a jury understand the nature and extent of the injuries to the people in the cars.
The Court vindicated Mr. Mall, Dr. McClaren, and RIZKLAW.
After this was all said and done, the court justified the position of Mr. Mall, Dr. McClaren, and Rizk Law. This was great news for Mr. Mall!
Alexander Pletch, OSB No. 174384
Associate Attorney
