SLIP AND FALL CASES

NeuwirthLaw For Lawyers, Slip and Fall

These cases often are the most challenging cases for a personal injury lawyer and client. Why? Well, there is always some allegation that the plaintiff could have avoided the trip and fall or whatever caused their injury. Most of the cases of this type that I handle are falls on black ice, falls caused by uneven sidewalk blocks, and often …

DEPOSITIONS

NeuwirthLaw Case Matters, For Lawyers

Depositions are really the best way to get information in a civil case. There are interrogatories and other written responses that begin to tell me about a case, but they need to be explained by a live person. Further, most of my cases are not document dependent. Below is a link to a routine deposition I took in a motorcycle …

THE WHEELS OF JUSTICE GRIND SLOW BUT GRIND FINE

NeuwirthLaw For Lawyers

Sun Tzu gets some credit for this pithy insight as does someone named Sextus Empricus who wrote “The mills of the gods grind slowly but exceedingly fine.” What does this have to do with legal practice. Well, for starters, nothing moves quickly in personal injury law. That was true before the pandemic and is more true now. We live in …

PICKING THE CASE: What Makes A Medical Malpractice Case?

NeuwirthLaw For Lawyers

What Makes A Medical Malpractice Case? Damages, damages, damages. If you are calling me about your own medical malpractice case, then I am instantly concerned whether you have sufficient damages to pursue a case. Conversely, if someone else has to call for you or you died, you are more likely to have a case worth pursuing. Why? These are expensive …

“I play for money”- Joey Knish

NeuwirthLaw For Lawyers

In the epic poker film Rounders, Matt Damon plays the young flash in the pan superstar who wants to win it all. Joey Knish, Turturro’s character, is the classic poker grinder, who watches his money, makes good bets on good risks and doesn’t chase cars, ego etc. When Damon needs his help, Knish is there for him, but won’t lend …

Ch Ch Ch Changes

NeuwirthLaw For Lawyers

As David Bowie sang, “Time may change me, but I can’t trace time.” Many of us as lawyers get up every day and run our firms or work on our cases, trying our best to keep clients happy and the airplane flying while repairs are underway on the fuselage. There are always positive changes to be made. Always! And, with …

ALWAYS BE CLOSING: SIGNING UP NEW CASES OR CLOSING NEW BUSINESS

NeuwirthLaw For Lawyers

Does “always be closing” ring a bell? If not, you may not be a rainmaker! If not, watch the movie Glengarry Glenn Ross’ famous Alec Baldwin “ABC” or “coffee is for closers” scenes on YouTube. Why? It always lights a fire in the belly that there are others out there competing against you and you need to work to keep …

VALUE DESTRUCTION OR VALUE ADJUSTMENT IN PERSONAL INJURY

NeuwirthLaw For Lawyers

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?

NeuwirthLaw For Lawyers

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

NeuwirthLaw For Lawyers

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 …