So, what reduces value? Well, prior accidents and gaps in treatment are the largest areas that reduce values in the eyes of the insurance carriers, who set the playing field in personal injury. If you had a prior car accident before the one you are my client for, then there will always be an argument that the injuries from this …
PICKING CASES: Take the Case? Refer it out? Turn it down?
Do you want the client’s case??? One of the critical pieces of personal injury law is Case Selection. It simply cannot be overstated how important this is. While you need a steady volume of cases to make case selection an issue, that is a separate topic. Case selection is simply the 80/20 rule or figuring out what is the best …
Carbon monoxide poisoning and CO lawsuits
Carbon monoxide poisoning recently caused the sad and likely avoidable deaths of a family, which was visiting a resort in the Bahamas. CO reduces your red blood cells’ ability to bind with oxygen, so you will be breathing fine, but you will start to asphyxiate rapidly if you are in a room filled with CO. A standard blood test will …
VENUE AND WHERE YOU FILE YOUR CASE MATTERS
I went to Cornell Law School and in first year civil procedure there was a lot of discussion of the impropriety of forum shopping from the academic perspective. Fast forward a few decades and forum or venue shopping is a major component of my decision-making on cases. Our judicial administrators all keep track of how many cases are filed, how …
Who Ya Gonna Call?
So, you are laboring away working on a deal for a client whose company is growing rapidly. Aunt Irene calls you because you are the only lawyer in the family. She was just in an accident in Philadelphia over the weekend. What do you do? Should you handle the case yourself? No. Like every other area of the law, personal …
The Expert Witness
Expert witnesses are a necessary evil in your run of the mill personal injury case. We are not allowed to simply say that our client broke her wrist in the crash when her airbag went off. Even if the client’s medical records support this statement. The allegation that the other driver’s negligence caused your wrist fracture must be supported …
CONFIDENTIALITY AGREEMENTS AT SETTLEMENT
Confidentiality agreements are very popular with a lot of larger companies with a national footprint or multiple locations, facilities etc. So, what is a confidentiality agreement? Well, basically, in personal injury litigation, my area, a confidentiality agreement prevents the plaintiff from publicly proclaiming their settlement with x company and prevents them from disparaging the company or reporting it in social …
EVERYBODY LIES UNDER OATH IN MY WORLD
What? Yes, sad but true. There are so many lies told in personal injury litigation that it is simply impossible to keep track of them all. The most common is: I was driving the speed limit. This is followed closely by I had two hands on the wheel and was looking straight ahead. Third, I am an excellent driver. Fourth, …
DO YOU UPOD OR OPUD?
Do you want happier clients and more referrals? You need to understand UPOD v. OPUD. What the heck am I talking about? UPOD is under promise and over deliver. That is preferable and better. OPUD is over promise and under deliver. This is problematic and upsetting to clients. So, which would characterize your average litigation interaction with clients? I think …