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Thought Leadership in Personal Injury


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When wage loss doesn’t seem to add up

Past and future wage loss. What was and would have been versus what is and will be. Significant wage loss can drive case value. In a best-case scenario, your seriously injured client is a high-wage earner with indisputable wage loss. But how often is wage loss more nuanced? When wage loss is not crystal clear, it’s time to scrutinize the details.

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I feel your pain: the Gerry Spence method taken over the top

On Thursday, May 3, I met with Ms. B___ and her daughter. Ms. B___’s arm, specifically her radius, was shattered when she took a bad fall. Surgery, a plate, ten screws. I took notes as she told me how she could not work at the hospital for now and how difficult it was to care of herself. On Friday, May 4, I had a court appearance in Redwood City.

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Most Powerful

The Stoic

The lawyers sat there, stunned. The doctor sat across from them, giving the couple time to absorb the information. Their three-year-old daughter’s cough and fever? Not pneumonia. Cancer. A tumor. A big one, crushing the little girl’s right lung. Rare – a few hundred reported cases. And tough odds. Chemo, a surgery, more chemo. A year-long process and the hope that it doesn’t recur… because recurrence with the particular cancer does not end well.

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A Child’s Eyes

By Lawyers

“Why is that man sleeping there?” We were hosting my four-year-old niece. She had been wanting a sleepover at her aunt and uncle’s house in the big city for some time. We had her over during Christmas. She lives in the suburbs. Nice place, the suburbs, but the suburbs don’t have the City’s bustle. Nor do they have the same…

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Anatomically correct: Teaching the injuries to those in juries

By Lawyers

I sat in the gallery next to a law clerk, watching another lawyer’s opening. “There was supposed to be a PowerPoint slide showing vertebrae and disk material but apparently it is not working. So I’m going to draw something…” The lawyer turned to some butcher paper. He bumbled around for 15 minutes, drawing and talking. The clerk leaned over and…

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Duty calls: Jury service – a learning opportunity

By Lawyers

I unlocked the front door. Laying in the mail pile on the floor – an official envelope. A real one, not one of the fake “official business” envelopes. A jury summons. Most people grumble when they receive a summons – trial lawyers included. I’m no different. Taking time from work – significant time – can cause consternation. How long will…

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Read it and weep: Inadvertent disclosure of privileged documents during discovery

By Lawyers

The lawyer read in disbelief. The memo, on defendant’s letterhead, crucified the defense. It was part of defendant’s production responses (and for reasons that will be talked about later, the fact that it was not electronically stored information is significant). The document had also been floating around for years. The defendant gave it to the police during the initial investigation….

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Under Pressure: Managing back to back to back trials as a small firm practitioner

By Lawyers

The stars aligned. Back to back to back trials for the plaintiff’s lawyer. A good thing. Trial dates resolve cases. The pressure of a courtroom helps. “It changes everything. Pressure. Some people, you squeeze them, they focus. Others fold,” said Al Pacino’s John Milton in The Devil’s Advocate. Devil or not, an apt observation. (If I’m spoiling the movie, too…

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Chance favors the prepared

By Lawyers

The lawyer finished rebuttal and sat down. He looked at his watch. Two hours and fifty-four minutes – for his opening, witnesses, and closing. Only six minutes shy of his three-hour time limit. He knew the expedited jury trial timing would be tight, but wow – that was tight. His estimates paid off. The only thing remaining – the jury’s…

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Deserve’s got nothing to do with it

By Lawyers

The lawyer sat with his unhappy client at mediation. The defense’s final offer: generous in light of trial’s risks. But the client was not pleased. “After costs and your attorney’s fees, and that medical lien thing you were talking about, there’s not enough to take care of me. I need more!” The lawyer started explaining the significant risks trial posed…

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