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Thought Leadership in Personal Injury


We believe sharing knowledge helps improve our profession. If you have questions about anything we’ve written, reach out. Discussing concepts helps us all hone our skills.

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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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Miles B. Cooper Finalist for SFTLA Trial Lawyer of the Year Award

By News
Coopers LLP congratulates their colleague Miles B. Cooper on his nomination for the San Francisco Trial Lawyers Association (SFTLA) Trial Lawyer of the Year Award. Miles was nominated for a unique and difficult case involving a pub’s XXX Spicy Burger Challenge. The pub’s contest resulted in our client suffering catastrophic injuries when the pub failed to take adequate safety precautions...
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21.5 Future Shock

By Back to Coopers’ Way index
The future is not ours if we do nothing to safeguard it The former lawyer looked out past the grimy tent flap fluttering in the wind. A keening arose a few structures over – another shantytown resident hadn’t made it through the night. Starvation? The disease? The lack of desire to go on? Who knew. So much death in the...
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17.6.1 Selective Service

By Back to Coopers’ Way index
The pandemic and the jury trial: Are they contradictions in terms? The lawyer, on Zoom, listened to the judge at a status conference in an ongoing complex fire case. “Listen, I’m going to be direct. The criminal case backlog – and I’m talking no time waiver and murder cases – is overwhelming. When it comes to picking a jury, well,...
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1.1.7 Enough Stuart Smalley

By Back to Coopers’ Way index
Nuts and bolts practice management during a pandemic The lawyer apologized to the others on the call about the background noise. One of the lawyer’s children had a question that JUST COULD NOT WAIT (despite being asked to leave the lawyer alone during the call). Because the child was six…and stuck at home…and these were interesting times. Fortunately, the lawyer...
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1.1.10 Going Viral

By Back to Coopers’ Way index
Get out of your pajamas and seize the opportunities presented by the pandemic to move cases along The lawyer attempted to process the changes that had occurred over the last few days. The office had closed, and everyone now worked from home. The courts had closed, and who knew what the trial backlog would look like when they reopened. Depositions...
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5.6 Don’t Lose Focus

By Back to Coopers’ Way index
Online focus groups can highlight case strengths and weaknesses, and at less cost than traditional focus groups The lawyer watched the screen with interest and disgust. On the screen: eight people, each one videoconferencing in from their respective homes. They comprised an online focus group. As the moderator unveiled case details, two defense-oriented jurors dribbled out their poisonous thoughts. Hence...
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1.3.2 Sure Footing

By Back to Coopers’ Way index
Making good decisions when group dynamics are in play, as in the co-counsel world The lawyer braced against the 70-mile-an-hour winds ripping across the ridge line, snow pelting the fractional exposed skin between goggles and balaclava. A gust triggered a harmonic hum as it passed between the skis strapped to the lawyer’s pack. Below was the lawyer’s climbing partner. Above,...
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11.8.2 The Know Nothing Party

By Back to Coopers’ Way index
Taking depositions of the “persons most knowledgeable” The lawyer pressed the witness, the entity’s driver-training person most knowledgeable. “You understand the company believes you know the most about how drivers get trained?” The witness agreed. The lawyer continued, “You understand your bus driver did not know the bus’s width? The bus’s length? The bus’s weight?” The witness conceded each point....
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1.6 The Lion In Winter

By Back to Coopers’ Way index
Law is a lifelong practice with distinct stages, each joyous for different reasons The aged lion of the bar sat next to the lawyer at the banquet table. Deep creases surrounded the piercing eyes. Lined with over eight decades, courtroom battles balanced against family and outdoor activities, the lion remained sharp. “Moving a little slower,” the lion chuckled, “but I...
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15.3 An Important Asset

By Back to Coopers’ Way index
Collecting damages when the defendant is underinsured The lawyer sat with the client. Almost every case is tragic. This one was doubly so. The client not only suffered serious injuries, he then found out the elderly defendant maintained very little insurance. Since the client did not own a car or maintain a non-owner operator auto policy, he did not have...
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