1 Anticipating the Defenses Anticipating the Defenses A Proactive Approach to Handling Traumatic Brain Injury Cases Trial Diplomacy Joumal, Vol. 20, (1997) Bruce H. Stern Because they can prepare their cases prior to the filing of a lawsuit, plaintiffs' attorneys have a distinct advantage over the defense in mild traumatic brain injury (TBI) cases. While defense attorneys have made recent advances in their knowledge of TBI issues, the plaintiff's attorney, by using wisely the one and a half to two years before filing not only to prepare the plaintiff's affirmative claim but also to anticipate the defenses, can be the one better prepared to fight and win. While a mild traumatic brain injury (MTBI) case requires a great deal of time, effort, and finances by the trial attorney, this type of case usually begins quite benignly. In many MTBI cases, the client has suffered only minimal, if any, loss of consciousness. 1 Often, when the injury was sustained in an automobile accident, the client will never even have stricken his or her head against the interior of the motor vehicle. 2 The potential client sitting before the trial attorney in the initial conference often appears relatively uninjured, with modest complaints of neck pain and some vague symptoms of memory or concentration problems. 3 Initially, the client has difficulty expressing or articulating these new phenomena. He or she often associates the cognitive problems as being the result of headaches that occurred shortly after the injury. That he or she may have suffered a brain injury is the farthest thing from the client's mind. To accept the representation of this case and properly prosecute it as a traumatic brain injury (TBI) case, the trial attorney must, from the outset, anticipate and prepare for the defensive onslaught that will come once the suit is filed. BACKGROUND Since the early 1990s, the number of TBI cases in litigation has increased dramatically. Before then, lawyers, as well as doctors, unfortunately, gave short shrift to the diagnosis of postconcussion syndrome, never appreciating the significant residuals that might result from such a relatively benign diagnosis. In the early 1990s, only a few attorneys were bringing claims alleging MTBI. Those claims were often met with skepticism from not only the defense bar and trial judges, but from the plaintiffs' bar as well. Still, the defense of these cases lagged far behind the prosecution. "Neurolaw lawyers,"4 those members of the bar who devoted much of their practice to representing braininjured clients, staying alert to developments in both law and medicine, found themselves, over time, at a distinct advantage. They came equipped with well-qualified experts and a far superior knowledge of neuromedicine and neurolaw, and they were better able and more readily prepared to prosecute these claims. But as TBI litigation has increased, so has the defense bar's vigilance. The defense has begun to catch up. Seminars on traumatic brain injury, which were once only the province of plaintiffs' trial lawyers, have become a well-worn proving ground for the defense as well. Defense trial magazines such as Claims and DRI now routinely publish articles on defending TBI claims. Experts have begun to specialize in defending against these claims.5 Despite recent advances in the defense bar's understanding of TBI issues, plaintiff attorneys still retain a distinct advantage as a result of their ability to prepare their cases prior to the filing and instituting of a lawsuit. It is essential that the plaintiff's trial attorney use this time to anticipate and prepare for the defenses to these claims.
2 DEFENSE CENTRAL THEMES The defense of TBI claims typically surrounds two central themes: first, that the plaintiff does not have a brain injury, and second, that the specific incident which is the subject of the lawsuit was not the proximate cause of the injury. The first approach attacks the injury itself. Defense attorneys, using the services of defense neurologists, psychiatrists, and neuropsychologists, argue that the plaintiff does not have a brain injury. This approach, in turn, usually follows one of two courses: one that alleges the plaintiff's problems are the result of a psychological or emotional condition, or one that says the plaintiff is malingering and exaggerating the claim. The second central defense theme, which concedes that the plaintiff does have cognitive deficits, asserts that the injury preexisted the traumatic event forming the underlying cause of action. In cases involving motor vehicle accidents, the defense attempts to show that the collision was of such minor impact that it could not possibly have caused the injuries claimed. Another defense, in those states that permit it, deals with the failure of the plaintiff to use a seat belt. Under this strategy, the defense concedes that the plaintiff may have a brain injury as a result of the motor vehicle accident, but that the injury was caused by the plaintiff's own failure to wear a seat belt. Regardless of the defenses asserted, by properly anticipating these defenses before the suit, the plaintiff's trial attorney can seize and hold the initiative. OBTAINING A COMPREHENSIVE MEDICAL HISTORY While plaintiffs' attorneys usually are very good at obtaining treatment records and medical reports of treating experts, they all too often fail to obtain prior medical records. They take the approach of the boxer who has won the early rounds: hold on and hope to survive the late attack. They hope they have the experience and stamina to sustain the body blows they suspect are coming. To wait for the defense to obtain your client's prior medical records is to invite a knockout punch. In handling TBI cases, it is critical that plaintiff's counsel obtain all the medical records predating the traumatic event. In those cases where a client's prior medical records totally devastate the prospects of successfully pursuing an MTBI case, it is certainly better to obtain those records prior to suit so that the attorney can decline representation at an early stage before expending large amounts of money and time prosecuting a hopeless claim. When preexisting records show previous head injuries or psychological or psychiatric histories, those records are not necessarily devastating to the successful pursuit of an MTBI claim. If such records are obtained early and provided to the treating or expert neurologist, psychiatrist, and neuropsychologist, what may be determined to exist is an aggravation of a preexisting condition. The literature is clear that the effect of subsequent head injury is greater than that of geometric proportion.6 That is, a second head injury causes greater damage than simple multiplication by two. However, when the treating doctors and expert witnesses are not provided with the client's full medical records and have already opined, based on the incomplete medical history provided to them, that the MTBI was caused exclusively by the traumatic event in issue, the experts are then forced to backpedal in an attempt to resurrect a faltering claim. At the initial client interview, it is essential that the attorney obtain a complete medical history. The attorney needs to ascertain the plaintiff's family doctor, all past medical treatment received, and the names and addresses of past treating doctors, as well as of any hospitals or institutions where the client was treated for any and all injuries or conditions. The client's past medical insurance companies are often helpful in obtaining past medical records. The client's past employment records and past school
3 records and transcripts are also important to obtain. These records will help establish for the attorney, as well as the current treating physicians, the plaintiff's baseline status immediately before the traumatic event. Following the initial interview, the attorney should send a detailed traumatic brain injury questionnaire to the client and to the client's significant other in an effort to obtain further and more detailed background information. 7 After identifying these sources of information, the trial attorney must gather the records. These records should be reviewed, digested, and organized so that they easily can be reviewed and referred to later. More importantly, these records must be forwarded to busy medical providers early on. Organizing the records will not only serve to prepare the trial notebook, but will assist medical providers in preparing their reports and undergoing depositions. It is also essential early in the process to obtain the names of lay witnesses who can establish a baseline condition for the plaintiff prior to the traumatic incident.8 It is important to identify and interview the witnesses early rather than later. Often, due to the passage of time and the adaptability of the plaintiff, the lay witnesses forget the dramatic changes in the plaintiff's behavior that were so clear to them shortly after the incident. Additionally, victims' loss of friends due to dramatic behavioral changes brought on by the brain injury following TBI is well documented. It is therefore important to locate these people early in the litigation process. LOW-IMPACT ACCIDENTS The low-impact defense is not new. Previously, defense attorneys would exhibit photographs of the vehicles involved in the collision, pointing out to the jury the lack of significant property damage. They would then argue in summation that the slight damage shown in the photographs certainly could not have been the cause of the dramatic injuries alleged by the plaintiff. This defense has become much more sophisticated. Defense attorneys now hire biomechanical engineers to scientifically establish that the force of these impacts was not enough to cause the injuries claimed. For the unsuspecting plaintiff's attorney, the low-impact defense can be quite disheartening when, shortly before trial, defense counsel serves, by way of amendment to interrogatories, a biomechanical engineer's report. If the attorney is going to accept an MTBI case involving a low-impact accident, he or she must anticipate this extremely effective defense from the beginning. When possible, the plaintiff must bring in his or her own biomechanical engineer to examine the motor vehicles and measure the crush (damage). If that is not possible, then professional photographs must be taken of the car to document and preserve the information necessary for the biomechanical engineer to perform his or her evaluation. The trial attorney must have a professional photographer document the physical damage to both motor vehicles involved in the accident. 9 This is especially important in the case of a low-impact accident. Through proper photographic documentation, the plaintiff's biomechanical engineer will be able to calculate, using government-validated and -approved computer programs, the speeds of the vehicles at the time of impact, the change in velocity of the vehicles (Delta V), and the acceleration forces that were applied to the plaintiff at the time of the collision. These forces are essential to determine whether the impact was of such magnitude as to be a sufficient cause of the plaintiff's injuries. When this information is not preserved, it is difficult, if not impossible, to prove that the impact, though resulting in only minor damage to the plaintiff's automobile, nonetheless resulted in severe injury to the plaintiff. The plaintiff is left with what appears to have been a low-impact accident which, superficially, does not appear to be sufficient to be a factor in causing the claimed injuries. When there is no apparent damage to either of the vehicles, l0 one needs to examine the vehicles'
4 bumper isolators at the points of impact. While there might not appear to be any outward damage to either of the vehicles, an inspection of the bumper isolators will document impact severity. While this information is easy to obtain for the client's vehicle, it is often difficult to obtain for the defendant's vehicle, especially months or years after the collision. Upon receipt of the defense biomechanical engineer's report, plaintiff's counsel must immediately demand a copy of the expert's curriculum vitae, as well as a copy of the "raw" data that was generated to support the conclusions of the expert witness. As in any cottage industry, there are good experts and bad experts. The bad, more often than not, are professional engineers who promote themselves not only as engineers qualified to render expert opinions with regard to accident reconstruction, but also as experts able to address the biomechanics of an accident and the resultant injury. The properly trained biomechanical expert or experts, by contrast, cannot be dismissed so easily. In many circumstances, the defendant will hire an accident reconstruction expert to measure the amount of force that would be exerted on the human body as a result of the collision. Then, a second expert, trained in biomechanics, will show that those forces exerted in this specific motor vehicle collision were not sufficient enough to cause the injuries alleged. When this is done, it is important that plaintiff's counsel obtain the raw data and forward it to an expert biomechanical engineer to prepare the plaintiff's attorney for cross-examination. Often, the plaintiff's experts can detect subtle incorrect assumptions that the defense expert has made to diminish the severity of the impact. SEAT BELT DEFENSE In some states, the failure of a party to wear a seat belt is a defense that can severely reduce the compensation to which the plaintiff would normally be entitled. Once again, it is necessary to retain a biomechanical engineer early in the process in anticipation of this defense. In those states where the defense is available, it usually is the defendant's burden to show that the failure of the seat belt increased the risk of injury and that the injuries incurred were greater than those that would have been incurred had the person been wearing a seat belt properly. 11 To combat this defense, a great deal of literature shows that even when wearing a seat belt, a person could strike his or her head on the steering wheel or driver's side window, depending on the angle of the impact. 12 KNOW THY ENEMY Most trial lawyers are creatures of habit. They use the same experts, with whom they have become comfortable, time and time again. Where possible, plaintiff's counsel must research the defense experts that a particular defense attorney uses in defending these cases. Even when it is impossible to predict who will defend the case on behalf of the insurance carrier, or which experts ultimately will be obtained, the same expert names appear over and over. It is important that plaintiff's counsel discuss his or her MTBI case with other plaintiff's attorneys who have handled these cases in the particular geographic location. This will allow the attorney to identify the experts available in that area. Once these experts are identified, it is recommended that the plaintiff's attorney conduct a search to obtain past depositions and/or trial transcripts, as well as past reports. This information can be supplied to the plaintiff's biomechanical and medical experts to anticipate defenses the opponent will use in the case. MOCK JURIES The use of mock juries and trial consultants in MTBI cases is increasing. These experts will assist the attorney in preparing themes to use at trial, and they will assist in preparing trial exhibits that will help influence the jury. Due to their expense, most attorneys use these expert services immediately before trial, when it appears that the case will not settle. These consultants, however, should be retained earlier rather than later to enable the plaintiff to prepare successful themes and strategies before the discovery process begins. Once these themes are developed, plaintiff's counsel can prepare his or her experts and
5 cross-examination of the defendant's experts along the themes suggested. CONCLUSION The year and a half to two years before the filing of the complaint should be spent not only preparing the plaintiff's affirmative claim, but anticipating the defenses. This time should be used for (1) gathering the plaintiff's current and past medical records; (2) identifying preaccident lay witnesses who will assist in establishing the preaccident baseline condition for the plaintiff; and (3) obtaining and examining physical evidence to assist in anticipating and negating defenses. It is important to put these two years to good use by taking a proactive approach in anticipating and preparing for the defenses to an MTBI case. The plaintiff's attorney who exerts time and energy prior to the filing of the complaint, rather than spending the next two to four years after filing suit taking body blows and hoping to hold on, will be the one better prepared to fight and win, either during settlement negotiations or in court. ENDNOTES 1 H.S. Leven et al., Behavioral Consequences of Closed Head Injury (New York, Oxford University Press 1982); B. Jennette, Head Trauma, in Disease of the Nervous System 1282 (A.K. Asbury et al. eds., Philadelphia, W.B. Saunders 1996); B. Jennette, Some International Comparisons, in Mild Head Injury (H.S. Leven et al. eds., New York, Oxford University Press 1989); B.E. Leninger et al., Neurological Deficits in Symptomatic Head Injury Patients After a Concussion and Mild Concussion, 53 J. Neurology, Neurosurgery & Psychiatry (1990). 2 Jennette, Head Trauma, supra note 1, at D.W. Marion, Pathophysiology and Initial Neurosurgical Care, in Medical Rehabilitation of Traumatic Brain Injury 35 (L.J. Horn & N.D. Zasler eds., Philadelphia, Hanley & Belfus, Inc. 1996). 4 J.S. Taylor, Meeting the Legal Challenge, The Neurolaw Letter, Sept. 1991, at 1; J.S. Taylor et al., Neuropsychologists and Neurolawyers, 5 Neuropsychology 293 (1991). 5 D.R. Price & P.R. Lees-Haley, The Insurers Handbook of Psychological Injury Claims (Seattle, Claims Books 1995). 6 S.G. Gerberich et al., Concussion Incidences and Severity in Secondary School Varsity Football Players, 73 AJPH (Dec. 1983); Marion, supra note 3. 7 M. Cavallo & O. Ezrachi, N.Y.U. Head Injury Family Interview (Research and Training Center on Head Trauma and Stroke, New York University Medical Center, Rusk Institute of Rehabilitation Medicine 1992); J. Kreutzer et al., General Health and History Questionnaire (Richmond, VA, Rehabilitation Research and Training Center on Severe Traumatic Brain Injury, Medical College of Virginia 1987). 8 B.H. Stern, Lay Witnesses in a Traumatic Brain Injury Case, 19 Trial Dipl. J. 205 (July/August 1996). 9 R.C. Eichler, Preserving Highway Accident Data, Claims, July 1996, at R.N. Malmsbury & J.J. Eubanks, Damage and/or Impact Absorber (Isolator) Movements Observed in Low Speed Crash Tests Involving Ford Escorts, SAE ; G.P. Siegmund et al., Characteristics of Specific Automobile Bumpers in Low Velocity Impacts, SAE Waterson v. General Motors Corp., 111 N.J. 238 (N.J. 1988); Schwarze v. Mulrooney, 291 N.J. Super. 530 (N.J. Super. Ct. App. Div. 1996). 12 J.R. Crandall et al., Differing Patterns of Head and Facial Injury with Airbag and/or Belt Restrained Drivers in Frontal Collisions, in Advances in Occupant Restraint Technologies
6 (materials for joint AAAM-IRCOBI special session, Lion, France, September 22, 1994); D.J. Dalmotas, Mechanisms of Injury to Vehicle Occupants Restrained by Three-Point Seat Belts (in proceedings of the 24th STAPP Car Crash Conference, Troy, Michigan, Society of Automotive Engineers, October 15-17, 1980, at ); P. Thomas, Head and Torso Injuries to Restrained Drivers from the Steering System (in proceedings of the 1987 International Research Council on Biokinetics of Impacts Conference on the Biomechanics of Impacts, Birmingham (UK), September 8-10, 1987, at 73-89). Reprinted by permission of Trial Diplomacy Journal (1997)
Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Sequence of Evidence and Witnesses in a Traumatic Brain Injury Case Who's on First? Princeton, New Jersey Trial Diplomacy Journal, Vol.
My Attorney What A Personal Injury Lawyer Can Do For You By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group, P.S.
Brain Injury Litigation Peter W. Burg Burg Simpson Eldredge Hersh & Jardine, P.C. www.burgsimpson.com Some General Facts About Traumatic Brain Injury TBIs contribute to a substantial number of deaths and
The Indiana Trial Lawyer Association s Lifetime Achievement Seminar Honoring Peter L. Obremsky May 23-24, 2005 The Use of Medical Literature in the Brain Injury Case Thomas C. Doehrman Doehrman-Chamberlain
LAW: THE PAEDIATRIC PERSPECTIVE More than one million Canadian and American children sustain traumatic brain injuries (TBI) each year. Many of these injuries occur in traumatic events e.g., motor vehicle,
How to Select a Lawyer by J. Sherrod Taylor Persons with traumatic brain injury (TBI) and their families must make many important decisions in the early days following injury. One significant decision-that
USE OF DEMONSTRATIVE EVIDENCE IN THE TRIAL OF A MILD TRAUMATIC BRAIN INJURY CASE Your client, who sustained a closed head injury in an automobile crash one year ago, appears perfectly fine as his trial
Injury Case Roadmap The Legal Process For Personal Injury Cases By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group,
Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship
Table of Contents Introduction 3 Why Not Settle With the Insurance Companies 4 What to do First 7 Hiring a Personal Injury Lawyer 11 How Much is My Claim Worth? 14 What if I have a Pre-Existing Condition?
FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of
ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general
WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1 GREENVILLE FOUNTAIN INN 330 East Coffee Street 218 South Main Street Greenville, South Carolina 29601 Fountain Inn, South Carolina 29644 (864) 601-9048
Your Accident Attorney What a Personal Injury Attorney Can Do For You By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group Jurewitz Law Group 600 B Street Suite San Diego, CA 92101 Tel: 619-233-5020
MY ATTORNEY What A Workers Compensation Lawyer Can Do For You By Michele S. Lewane, Attorney at Law Michele S. Lewane Injured Workers Law Firm 7826 Shrader Road Richmond, Virginia 23294 (804) 755-7755;
NEW TRENDS AND ISSUES IN NEUROPSYCHOLOGY: Mild Traumatic Brain Injury and Postconcussive Syndrome Cases Carl F. Mariano Barry H. Uhrman Introduction to Neuropsychology As many of you are aware, clinical
Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 firstname.lastname@example.org Copyright 2007 by Christopher Michael
A PEEK INSIDE A CLOSED HEAD INJURY CLAIM By: Douglas Fletcher Fernando Fred Arias Dr. Jim Hom April 11, 2014 CONTENTS A PEEK INSIDE A CLOSED HEAD INJURY CLAIM... 1 SYMPTOMATOLOGY... 2 CRITICAL INFORMATION...
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
Guide to Selecting Legal Representation for Brain Injury Cases By Mary S. Reitter, MS Introduction Persons who sustain brain injury resulting from motor vehicle crashes, pedestrian injuries, falls, defective
Buyer Beware Things To Know About Buying Car Insurance In Washington State By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis
TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of
Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an
LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION January 2010 www.mcdermott-clawson.com January 2010 REVISITING ROLDA: WINNING A GOOD- FAITH PERSONNEL ACTION Often is the time when a defendant
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
Impeaching the Spine Injury Medical Expert By Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer It is a common error that an attorney retains the wrong type
You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
EVALUATING THE LOW IMPACT AUTO CASE Dana G. Taunton BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. Montgomery, Alabama 36104 I. INTRODUCTION Low impact auto cases may be simple or complex. A simple
Securing the Evidence: Critical Steps in Investigation of a Crashworthiness Case By Joel S. Rosen, Esquire The initial investigation of a claim and collection of evidence related to that claim can often
DEALING WITH POLICE MISCONDUCT OR EXCESSIVE FORCE IN WISCONSIN Written by: Jonathan S. Safran This guide attempts to answer some of the most common questions and provides a basic understanding of the steps
Head Injury in Children The worst fear of every parent is to receive news that your child has been injured in an accident. Unfortunately, in our society, accidental injuries have become the leading threat
United States Department of Labor C.B., Appellant and DEPARTMENT OF VETERANS AFFAIRS, VETERANS HEALTH ADMINISTRATION, Lexington, KY, Employer Appearances: Joshua S. Harp, Esq., for the appellant Office
Guide to Selecting Legal Representation for Brain Injury Cases By Mary S. Reitter Introduction Persons who sustain brain injury resulting from motor vehicle crashes, pedestrian injuries, falls, defective
Commonly Used Terms in Auto Accident Cases 117 South Willow Avenue Tampa, Florida 33606 Toll Free: 877-444-2929 Phone: 813-223-2929 Fax: 813-251-6853 Definitions are specific as to Florida Law. Other state
Tom Drew Attorney PERSONAL INJURY CLAIM Table of Contents Understanding Your Personal Injury Claim... 3 Investigation of your case... 3 Will my case be settled prior to going to trial?... 4 How is a lawsuit
DISABILITY CLAIMS UNDER INSURANCE POLICIES This article by our legal contributor and Information & Referral Associate is to assist persons living with Parkinson s in making claims for disability benefits
INJURY LAW ALERT FALL 2010 ISSUE TRAUMATIC BRAIN INJURIES People who are injured in an accident can suffer many different kinds of injuries. Among the most serious, as well as the hardest to diagnose and
Uniform Personal Injury Interrogatories INSTRUCTIONS FOR USE A. All information is to be divulged which is in the possession of the individual or corporate party, his attorneys, investigator, agents, employees,
Lawyer s Guide to Personal A Injury Cases Second Edition Tim Rayne, Esquire MacElree Harvey, Ltd. 211 East State Street Kennett Square, PA 19348 Phone: 610.840.0124 Fax: 610.444.3270 email@example.com
What Happens Next? The Legal Process Roadmap for Personal Injury Cases By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group Jurewitz Law Group 600 B Street Suite 1550 San Diego, CA 92101 Tel:
February 11, 2002 News Story By Kelly A. McCauley Lawrence Gursten Education: Wayne State University Law School (1965) Experience: Gursten, Koltonow, Gursten, Christensen & Raitt, Southfield Professional
The Petrylaw Lawsuits Settlements and Injury Settlement Report TRAUMATIC BRAIN INJURIES How Minnesota Juries Decide the Value of Pain and Suffering in Brain Injury Cases The Petrylaw Lawsuits Settlements
FURR & HENSHAW http://www.scmedicalmalpractice.com 1900 Oak Street Post Office Box 2909 Myrtle Beach, South Carolina 29578 (843) 626-7621 (800) 849-2525 firstname.lastname@example.org and 1534 Blanding Street Columbia,
What To Do If A Lawyer Contacts You By Lustbader Law Firm This article is written by David Lustbader of Livingston, New Jersey. It grew out of a discussion during a Medical Protective Risk Management Seminar
STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT Having at least a basic understanding of the most common steps involved in a typical personal injury case may help empower you as a victim. Broussard & Hart,
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
New York Car Accident Lawyers What you need to know when you are hurt in a car accident An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
How To Determine The Value Of A Personal Injury Case What Is Your Car Accident Case Really Worth? By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 email@example.com
Car Accident Representation in New Jersey. Personal Injury in Automobile Collisions in NJ. Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation
Personal Injury Questionnaire Answer each question fully and accurately. Success in this case depends on mutual confidence and complete cooperation between you (as the client) and the attorney. It is imperative
UNIVERSITY OF MIAMI, LEONARD M. MILLER SCHOOL OF MEDICINE CLINICAL NEUROPSYCHOLOGY UHEALTH PSYCHIATRY AT MENTAL HEALTH HOSPITAL CENTER 1695 N.W. 9th Avenue, Suite 3302H Miami, FL. 33136 Days and Hours:
Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in
Where to Begin 1 Contents What You Need to Know Once You ve Been Injured 2 The People Playing a Role in Your Recovery 5 Why You Need a Personal Injury Lawyer 8 Frequently Asked Questions 11 Recovery Diary
VIRGINIA: IN THE WORKERS COMPENSATION COMMISSION SENAD SABIC, Claimant v. Jurisdiction Claim No. VA01002421333 Opinion by WILLIAMS Commissioner July 2, 2012 KOONS OF TYSON CORNER, Employer PENN NATIONAL
HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and
Notice of Collective Action and Opportunity to Join THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ CAREFULLY To: Former Federal Bureau of Investigation ( FBI ) trainees who attended New Agent ( NA ) training
PERSONAL INJURY QUESTIONNAIRE NAME: Date of Accident Where did accident happen? Describe the accident in your own words: What was your position in the car? Driver: if Driver were your hands on the steering
Thomas J. Kibbie v. Killington/Pico Ski Resort (February 5, 2013) STATE OF VERMONT DEPARTMENT OF LABOR Thomas J. Kibbie Opinion No. 03-13WC v. By: Jane Woodruff, Esq. Hearing Officer Killington/Pico Ski
Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking
THE HOGG & GARTLAN LAW FIRM PERSONAL INJURY AND ACCIDENT REPORT BY AARON GARTLAN 0 No representation is made that the quality of legal services to be performed is greater than the quality of legal services
How Much Is My ICBC Claim Worth? Each ICBC claim is unique. The value of any ICBC claim will depend on a number of factors including who is at fault, the type of injuries and the effect of the injuries
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: Specialty Products Holdings Corp., et al. Bankruptcy No. 10-11780 Debtor(s) 1 Chapter 11 (Jointly Administered) Related to Doc.
A CONSUMER S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM TIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE. MATERIAL PROVIDED BY: DICAUDO & YODER, LLC A CONSUMER S GUIDE TO A SUCCESSFUL
Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely
CREATIVE DEMONSTRATIVE EVIDENCE: ADDING THE MIDAS TOUCH A. Introduction We all know that the use of demonstrative evidence can be crucial to the jury s ability to understand complex issues at trial. There
A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout
Page 1 of 7 Ben Brodhead on proving causation and damages in spinal fusion cases. Friend on Facebook Follow on Twitter Forward to a Friend Proving Causation and Damages in Spinal Fusion Cases By: Ben C.
Small Hands-Big Dangers Our children are our most valuable resource and keeping them safe should be our first priority. It is the greatest tragedy when a child is seriously hurt or killed by negligence
Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors By: Joseph B. Carini III & Catherine H. Reiter Cole, Grasso, Fencl & Skinner, Ltd. Illinois Courts have long
A BRIEF OVERVIEW OF THE BENEFITS AND PERILS OF THE VIRGINIA WORKERS COMPENSATION ACT If you were injured at work or know a family member or friend who was injured at work, I hope that the following information
Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Provided as an educational service by: Anthony D. Castelli, Esq. Concentration in Auto and Work Related Injuries (513) 621-2345 ATTENTION!!!
LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 INFORMATION ABOUT CLIENT REPRESENTATION Thank you for considering retaining the Law Office
Early Response Concussion Recovery KRISTA MAILEY, BSW RSW, CONCUSSION RECOVERY CONSULTANT CAREY MINTZ, PH.D., C. PSYCH., PRACTICE IN CLINICAL NEUROPSYCHOLOGY FOR REFERRAL: Contact Krista Mailey at (204)
2015 Ml -8 a:-; S: 33 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON BEHZAD MOHAMMAD, an individual, Plaintiff, MOGHADAM M. MOVAHEDI, an individual, Appellant, DIVISION ONE No. 71008-7-1 UNPUBLISHED
MAXIMIZE YOUR PERSONAL INJURY SETTLEMENT Part I: Find Insurance Coverage: Look at Accident Report & Write Letters People injured in a car accident in Florida should easily be able to locate car insurance
BICYCLE ACCIDENTS If you have been seriously injured when bicycling, please call me for a consultation. Bicycling is an enjoyable hobby. Many people also ride their bicycles to work. However, it should
TRANSPORT ACCIDENT LAW - TRAUMATIC BRAIN INJURY Traumatic Brain Injury ( TBI ) is a common injury in transport accidents. TBI s are probably the most commonly undiagnosed injuries in a hospital setting.
RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...
: Part I Elizabeth L. Leonard, PhD Neurocognitive Associates Scottsdale, AZ Dr. Leonard is a clinical and forensic neuropsychologist practicing in Scottsdale, AZ. She was formerly on the faculty at Harvard
ALTERNATIVE DISPUTE RESOLUTION CENTER 840 Newport Center Drive Suite 450 Newport Beach, CA 92660-6324 Telephone: (949) 760-5288 Fax: (949) 760-5289 NFL, RETIRED PLAYERS RESOLVE CONCUSSION LITIGATION; COURT-APPOINTED
Traumatic Brain Injury Following a motor vehicle accident Research Topic Comparison of At-Fault and No-Fault Motor Vehicle Insurance in Access to Benefits for Claimants Sustaining Traumatic Brain Injury
THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601
Who is a whistleblower under the False Claims Act? Anyone who sees a Government contractor cheating the United States and wants to do something about it can blow the whistle. If you d like to put a stop
CIVIL LITIGATION PRACTICE FOR PARALEGALS III. PREPARATION OF PLEADINGS Many attorneys, paralegals and legal assistants refer to pleadings as all court papers in the case. Technically speaking, the pleadings