Posts tagged personal injury
October 1, 2018 through February 7, 2019

Two weeks after Liam is born we start the Ride the Ducks Aurora Bridge trial. In the months leading up to the trial stop writing or discussing the case publicly. This includes to the media, to social media, to this blog.

The jurors will be instructed not to read, watch, or listen to anything about this case. They will not be reading this blog for example. So it is not quite clear how pretrial publicity especially in a civil case can be prejudicial if the lawyers talk to the media which the jurors will not be reading. Rather than debate the issue look to The Rules of Professional Conduct (RPC) 3.6.

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The non-visitor: a story about never saying you're sorry.

Walk up to door one.  Open and walk through.  Door two.  Push button.  It clicks.  Enter.  Write name and time on log at front desk.  Write name on tag and stick on shirt.  Cindy arrives and says hello.  Follow her down the linoleum covered hall.  Past the man in a wheelchair.  An open door reveals a woman in bed watching tv.  A hunched over man looks at me from another open door.   His leg is bandaged.   Walk towards the eating area where several others are congregated.  Mostly in wheelchairs.  Chatting.  Average age probably middle 70s.  Or older.

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Part 3: Depositions of treating providers in a medical negligence case resulting in bilateral leg amputations.

One of the hospital’s defenses was that it was a small community hospital.  It did not have all the fancy equipment of a major urban hospital.   The problem with this defense was that the hospital didn’t need an expensive machine to make the correct diagnosis.  All it needed, was for someone to: a) notice the red flags; and b) pull a hand held doppler unit out of a cupboard.

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Part 1: Depositions of treating providers in a bilateral leg amputation medical negligence case

Am at a hospital.  Sitting on one side of a long table in a cafeteria.    With me is my partner Paul Whelan and paralegal Cheryl Baldwin.  Paul  has been handling medical negligence cases since I was in grade school.  He is my Yoda.  Cheryl screened this case and knows everything that I need to know.   Between the two of them, I'm covered.

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Form of the day: client settlement annuity advice letter

When a personal injury case settles, we are still our client's lawyer.  This means we need to continue to look out for their best interests until our job is done.  Even if we are not financial planners or accountants, we cannot walk away without first trying to help our client make well informed decisions.  Maybe this is not our legal duty.  But it certainly is our moral one.

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The joys of trying a case...at the last moment: a trial diary story

This morning am in a bright red ruffled shirt with the obligatory black.  Here is my confession.  Want to wear an old favorite pair of heeled Franco Sarto boots.  They will look great with the outfit.  There is just one catch.  You see, they have been up on the back top shelf patiently waiting for me to take them to the repair shop.  For over a year.  The toes are a bit pointed and the soles have partially rubbed off at the tips.  Looking up at them as they hang over the shelf, you can see the white rubbed away part.  No holes.  Not quite.  But still a bit shoddy.  Yet they would be perfect.  So (and this is the confession part), pull down the boots.  Pull out a black magic marker.  Scribble all the white away.  And presto.  The outfit is now complete.

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Love the Owens

Tired of fake reality tv.

Try the true life story of the survival and recovery of the Owen family.  Brought to you by - the Owen Family.

According to the news:  On December 21st around 1:20 p.m. The Owen family was traveling on Highway 2 near Stevens Pass when a tree fell onto their suburban and claimed the lives of 58-year-old Tim Owen and 56-year-old Cheryl Reed. Also in the vehicle were the couple's son, Jeremy, daughters Jessie and Jamie, and son-in-law Steven Mayer. Jeremy was released from the hospital but the other three are still being treated for serious injuries.

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Deposition of a defense psychiatrist: doctor do you have a crystal ball

Ms. A is insured by State Farm with UIM. They do not want to pay the claim.  They hire this psychiatrist to do a records review. To help them challenge the injury claim.   Dr. P never meets or interviews Ms. A.   But being the God-like creature that he is, will testify that Ms. A somaticizes her injuries and has "secondary gain."   What this means in real people language - is that she is making the injuries up.   My job is to show that he is the one making things up.

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The trial diary that almost wasn't

I first tried a MIST case (Minor Impact Soft Tissue) fifteen years ago. Glenn Phillips (he of the billboard/tv/bus/cab advertising fame) was the defense lawyer.

I was going to be speaking in the country’s first “How to Hammer Allstate” seminar conceived by my then law partner Pat LePley. So I needed a sample case. One of my existing clients was involved in a zero property damage car strike. I took it on to see what Allstate would do. They hired Glenn, his associate, a biomechanic expert and an orthopedic surgeon who wrote a 35 page report. Our side had a chiro who had never testified before even in deposition. And the husband (a Boeing engineer) to counter the defense biomechanic. Well, we beat the zero offer. And got over a grand in sanctions because Allstate refused to admit fault until the first day of trial. My love affair with MIST cases was born.

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How to NOT hit (and injure or kill) a pedestrian

Here are some tips from cases I've handled on how NOT to run down a pedestrian*.

  1. When the bus you are driving arrives at an intersection.  And comes to a stop.  And there are pedestrians already on the sidewalk curb getting ready to cross, wait your turn.  Let them cross.  They were there first.  Do not turn your head to look for oncoming traffic and begin to drive forward as they are walking in front of you.
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Where do these all powerful medical insurance adjusters come from?....

You get in a car wreck.  But fortunately have purchased Personal Injury Protection or Medical Pay insurance.  So you believe you are fully covered.  That is, until the adjuster cuts off your benefits.  Usually with the help of a "medical review" sometimes performed by an actual doctor (who never sees or talks to you).

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Defense Medical Exam Warning Letter to Clients

What kind of a doctor can make half a million bucks a year not even treating a patient?  Why an insurance paid defense medical examiner of course.  Not all of these docs are completely sold out.  Some actually practice medicine and do these exams as a (well paid) hobby.  But there is quite a list of not so lovely characters doing DMEs to fund their lifestyles of the rich and famous.

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Social Networking Warning Letter Form for Clients

When plaintiffs file lawsuits, the defense insurance companies hunt them down on the internet like criminals.

The plaintiffs' fun, fellowship, and joy of connecting with others through Facebook and Twitter; is instantly smashed to pieces when they find out they are being spied on.

But many people don't know that their harmless wall posts, photos, and video clips, are being amassed into an arsenal to be used against them.

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