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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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Treat them right: The joys and pitfalls of treating doctors

By Lawyers

Something came up for opposing counsel at the last minute. He didn’t show. That left us – the court reporter, videographer, and me – sitting in the conference room with the treating doctor deponent. The one who had been too busy, according to his office (disinterested, I suspected) to meet me face to face. “Doctor, while you’re here,” I began……

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The Code War: The international classification of diseases and why you should care about a big change on the horizon

By Lawyers

Coming soon to a courtroom near you: “Mr. Expert, can you tell us what upcoding is and whether you found it in Dr. Smith’s billing for treating the plaintiff?” the defense lawyer asked her medical coding expert. “Upcoding is an industry term. We sometimes see doctors use more expensive billing codes, known as ICD codes. Billing can be nuanced. Many…

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A death in the family

By Lawyers

Subtitle: Caring for your clients—the blessings and the burdens Recently, I lost three former clients. They passed in separate ways, unrelated to their cases. One, stabbed in an alley, lay moaning for hours before he died. The neighbors ignored him, thinking he was a homeless drunk. Another stood at a bus stop with his girlfriend. A car drove by and…

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The ministry of culture

By Lawyers

Subtitle: Keep current with pop culture to keep current with your jury Growing up, my parents limited me to one hour of television a day. On PBS. This had unintended consequences. To this day, if a television is on in a room, I cannot pay attention to anything else. I have a penchant for Sesame Street-style puns. You’ll get blank…

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The map is not the territory

By Lawyers

Subtitle: Give people what they need to see the case as you do A little girl rode her bike along a bike path. The path approached a two-lane vehicle bridge and ran alongside it, like a sidewalk. Her family rode behind her. Her younger brother, new to his two-wheeler, bumped her bike. The bike’s front tire went off the curb….

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Make them an offer they CAN refuse (in bad faith)

By Lawyers

Subtitle: Open up the policy limits and collect them from the insurance company In the dead zone between Christmas and New Year’s, a formal policy-limit settlement demand expired. Later that year, the verdict came in, two and a half times over the insurance policy limit. The lawyer had not granted an extension to the defense to evaluate the demand. The…

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