“‘Integrity’: the quality of being honest and having strong moral principles. In other words, always doing the right thing.” Defense Base Act Lawyer - Bill Turley
My Best Advice
Nothing is more important when handling your case, then speaking the truth. People who believe if they sugarcoat their case, it will help them win their case. Wrong. You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects you’re not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.
My Second Best Advice
Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve.
And before you do, check out the 5 Star Amazon Reviews written by folks like you. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
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Defense Base Act Spinal Cord Injuries
If you or a loved one are a civilian defense contractor and have a serious spinal cord injury; the injury is covered under the Defense Base Act. You are understandably concerned about you and your family’s future.
Your first concern has to be get the best medical treatment. Too often it is a battle with the Defense Base Act insurance company in order to get all the medical treatment needed to treat and deal with severe spinal injuries.
Under the Defense Base Act you have a right to what is called a free choice of physician. This basically means that you are allowed to get treated by whatever doctor you choose.
You have to first make a request from the Defense Base Act insurance company for authorization for such treatment. You should always make your request in writing. You can email a request to the Defense Base Act insurance company of your request and send a copy to yourself in order to prove that you did so.
Since this is such an important decision under the DBA, you should first research what doctor you are going to chose as your free choice physician. Be sure to your choice is a doctor that is a patient advocate - not an insurance company doctor.
Never, ever agree to be treated by a doctor suggested to you by the DBA insurance company.
Spinal Cord Injuries and Permanent Disability
Spinal injuries under the Defense Base Act are unscheduled injuries. Permanent disability under the DBA for unscheduled injuries is a wage loss concept. You need to compare your Average Weekly Wage before your injury to your Average Weekly Wage after your injury. In other words you are comparing your pre-injury earnings to your post-injury earnings.
When you are talking about a serious spinal injury, they are almost always going to have a permanent and total disability.
This doesn’t mean the insurance company is going to agree to pay you the maximum compensation rate. DBA insurance companies may fight your Average Weekly Wage, which may have a big impact on your disability benefits.
You and lawyers
In addition, you should never, ever pay an attorney money to represent you for your DBA case. Instead, attorney fees should be paid by the Defense base Act insurance company in addition to the benefits you receive. Don't let anyone tell you different.
Quadriplegia and Quadriplegic
Quadriplegia is caused by damage to the cervical spinal cord segments at levels C1-C8. Damage to the spinal cord is usually caused by an an injury to the spinal vertebrae in the cervical section of the spinal column. The injury to the structure of the spinal cord is known as a lesion. This may result in the loss of partial or total function in all four limbs, meaning the arms and the legs.
One of the leading causes of quadriplegia from damage to the spinal cord is trauma.
Paraplegia and Paraplegic
Paraplegia due to a spinal cord injury results in an impairment in motor or sensory function of the lower half of a person's body. The condition occurs due to damage to the cellular structure of the spinal cord within the spinal canal.
The area of the spinal cord which is affected in paraplegia is either the thoracic, lumbar, or sacral regions of the spinal column.
One of the leading causes of paraplegia from damage to the spinal cord is trauma.
Life Care Plans - The devil is in the details
When severe spinal cord injuries are litigated under the Defense Base Act, you might think of evidence, sort of like a poker game. While in this instance I don’t mean to refer to DBA trials as a “game of chance” that is not altogether untrue.
However, in this instance I am talking about poker in the sense of burden of proof. You are going to need convincing evidence in order to prevail in your obtaining all the medical treatment that you need to treat your spinal cord injury.
So what I mean by comparing poker to your evidence in a DBA case is in regards to the ranking of hands. For example, in poker a Royal Flush outranks four of a kind. What you are going to need is an extremely detailed and thought out Life Case Plan based upon strong medical testimony. This will be your Royal Flush, so to speak.
In order to not weaken your position on really important parts of the Life Care Plan, you need to consider not claiming relatively weaker items (read: less supportable components) in the Life Care Plan.
It really all comes down to foundation. It’s is like building a house. Each part of the Life Care Plan requires meticulous support with testimony, documents and the like.
Winning Your DBA Case
Each month hundreds of DBA claimants use this website as a research tool to help win their DBA case (and many lawyers use this website out also). So should you. The purpose is to level the playing field between seriously injured workers and the DBA insurance companies. That is why we provide so much cool free information.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley