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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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1.1.6.3 I Am Not My Smartphone

By Back to Coopers’ Way index
The world will not end if you reply a few hours later: Managing device interaction for a more productive, fulfilling life The lawyer walked along the busy sidewalk. Stepping to the side, the lawyer narrowly avoided contact with an oncoming pedestrian – the pedestrian more interested in a firmly grasped phone than the pavement ahead. Another person, wielding a selfie...
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2.5 Lawyers Who Lunch

By Back to Coopers’ Way index
Brainstorming cases and maintaining relationships The lawyer tucked into the hamburger. Delicious. The person sitting across from the lawyer continued the discussion. “Frankly, I think the witness’s felony is a huge issue. I’ve got a motion in limine for you there. Email me and I’ll send it to you.” The lawyer pulled out a phone to send the email right...
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3.6 Party Bus

By Back to Coopers’ Way index
Considerations when representing multiple plaintiffs in the same case The lawyer sat with the potential client. “So, the cab just slammed on its brakes on the freeway on-ramp for no reason?” “Yes. We went flying when our shuttle bus crashed into the back of it. Say, several of my co-workers on that shuttle were also hurt. Can they retain you...
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16.1 The Watcher

By Back to Coopers’ Way index
Lawyers learn and improve by watching trials The lawyer scooted into one of the rows in the courtroom gallery. Squeezing between people, it felt like a trial lawyer reunion. Eight-figure hitters, front page newsmakers – a veritable Who’s Who of the plaintiff bar. The word had gotten out – some of the best trial lawyers in the business were closing....
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5.5 It’s For My Glaucoma…

By Back to Coopers’ Way index
Weeding through medical marijuana issues The lawyer sat in deposition, pondering. The collision occurred at 9:30 a.m. on a workday, and the defendant was headed home, feeling poorly. Why had the defendant pulled off at a tourist overlook, where the collision occurred? “If you had not struck my client and his bicycle with your car, what had you planned on...
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11.2 Self-Discovery

By Back to Coopers’ Way index
Answering discovery helps one gain greater appreciation of the case The lawyer looked at the incoming mail. Happy happy, joy joy. The defense sent an enormous pile of discovery with the Answer. Contention interrogatories, requests for admission, production… a lot of questions. Time to craft a response plan. Before the pile arrives – the questionnaire We know that pile will...
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4.1 A Brush With Death

By Back to Coopers’ Way index
UIM may be the best insurance anyone can buy; but pay attention to the details The cyclist pedaled along the rural road. From behind, the cyclist heard a diesel engine rumble. The heavy-duty pick-up roared toward the cyclist. The driver, letting the cyclist know that roads are for engines, brought the truck as close as possible to the cyclist for...
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15.5.4 Mediator, Go Work Your Magic

By Back to Coopers’ Way index
Mediators need our help to settle cases successfully The lawyer, walking downtown, ran into a mediator he had not seen in a long time. They exchanged hellos and the mediator began telling the lawyer about the day’s frustrating mediation. “The plaintiff’s lawyer in today’s case told me, ‘Go work your magic.’ He gave me a mediation brief the morning of...
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5.4 Ride Sharing And Strava

By Back to Coopers’ Way index
There’s a social-media world you need to know about The lawyer sat listening to a new client. The client, a cyclist struck by a car, explained the incident. “I know I was doing 25 because I had Strava running.” “Understood,” said the lawyer, “Did you upload the ride after the collision?” “Of course,” said the cyclist, “If it’s not on...
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