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Byron B. Conway
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Byron Conway’s Answers

3 total

  • What is an attorney looking for from their client's medical provider?

    What factors are most helpful to attorneys (and their clients) from their client's medical provider? I am thinking primarily of personal injury and workers compensation cases.

    Byron’s Answer

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    In a personal injury claim, the most important factor with a medical provider is their willingness to voluntarily communicate/cooperate with their patient's attorney (regardless of their ultimate opinion). There comes a point in many cases where the attorney needs to meet with a doctor to determine what opinions, if any, the doctor has on causation, that is whether the patient's condition is related to the accident. In Wisconsin this standard is to a reasonable degree of medical probability, not certainty. The laywer also needs to know whether the doctor has opinions on permanency and future medical care. Unfortunately, some doctors refuse to cooperate with their own patient's lawyers. Whether it's their schedule, reluctance to be involved litigation, or philosophical reasons, they just don't want to get involved in these cases. So they will either refuse to meet with the attorney, charge an outgareous rate, like $1,500 an hour for an office meeting, or they will just say that they don't have an opinion. Other doctors will take the time to meet with the lawyer and give an honest opinion. Sometimes the opinion is helpful, sometimes it's not. But without that communication with the treating doctor, your lawyer's ability to puruse your claim is signifcantly impaired.

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  • If there was an accident and both parties have the same insurance company does that have an effect on the outcome?

    I know someone that rear ended a moped and it was her fault. Driver of moped in a coma, has personal injury lawyer, they both have same insurance carrier, car driver has minimal coverage and has no money to her name so lawyer has no way to get ex...

    Byron’s Answer

    There should be no effect on the outcome. If a lawsuit is started, the insurance company will hire a lawyer to defend the driver who hit the moped. If the damages exceed the liability limits on the defendant driver's policy, then the moped driver will the have the option of pursuing the other driver personally, (which sounds pointless given her finances), or hopefully pursuing a claim against her underinsured motorist policy, if she has one. Either way, all the money is coming from the same insurance company.

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  • If an uninsured motorist is at fault in an accident and has a minor child in the car, can the childs parents also be sued?

    My insurance was cancelled when I was involved in an accident that was not my fault. Now my 8 yr old grandson is not allowed to ride with me as his mother is afraid that she could be sued if I was at fault in an accident while my grandson is in th...

    Byron’s Answer

    • Selected as best answer

    Assuming, hopefully, that your 8 year old grandson is not driving the car or otherwise affecting the operation of the vehicle, your grandson's mother could not be liable for an accident on the basis of her son being a passenger in the car.

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