Articles Posted in Litigation Strategies

Most personal injury lawyers have had more than a few encounters with consumer bankruptcy proceeding.  Personal injury clients frequently file personal bankruptcies.

It is therefore important to know how personal injury claims, settlements, or awards are treated in bankruptcy.  The question everyone wants to know is will the client get to keep some or all of their settlement or judgment?

The short answer is yes – as long the settlement proceeds are compensation for pain and suffering or future lost wages.

expertIn any serious personal injury case in Maryland, you need an expert to testify.  Are there some cases where the injury is so obvious that a medical expert is not required?  There may be.  But anyone willing to take that chance should not be trying tort cases in Maryland.

Why Do We Need an Expert?

An expert has a number of purposes.  First, with a few exceptions, you want to ask the jury to compensate you for the medical bills that you have incurred, even if they have been paid by medical insurance (because the jury is not told that insurance paid for the medical bills).  Accordingly, you need a medical doctor with experience treating that particular injury to testify that the medical treatment that the plaintiff received was fair, reasonable, and medically necessary.

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attorneyThere are lots of insurance defense lawyers in Maryland that you just cannot figure out why someone would hire them to defend a personal injury case.  They unnecessarily complicate cases, bill hours on things that are completely unrelated to anything that would actually benefit the defense and, often, juries cannot stand them because there is a positive correlation between someone willing to be this annoying and how annoying they actually are, according to independent studies that I have conducted.

Why Insurance Companies Hire These Lawyers

The lawyer that fits this profile sometimes gets a lot of work.  Why?  Like any job, insurance adjusters are all kinds of different people.  Democrats and Republicans.  Athletes and bookworms.  Compassionate and mean.  Attractive and not-so-much.  But, disproportionately,  they are tough guys.  They want to wage war in the seas and the valley and talk tough and be tough.  For some of them, the rest of their lives belie this mentality.  But that is a whole different story. Continue reading

shutterstock_73907023The average verdict in a Maryland auto tort case is around $12,000.

How can this be?  I’ll tell you how it be: attorneys filing cases in Circuit Court that just should not be going in front of a jury.

These are my thoughts after reading about a recent jury verdict in Anne Arundel County.  It was a garden variety auto accident case.  The 21 year-old plaintiff, a college student from Pennsylvania, was driving with his mother in the left lane at a speed of 55 to 60 mph when they got into a collision with another vehicle.   Plaintiff did what a passenger should do in this case where the cause of the crash is in dispute.  He sued both drivers.

Comp and personal injury

Do you have both a comp claim and PI case?

Many of our personal injury clients bring both a regular civil claim and a workers’ compensation claim.  Yet we get calls every week from someone who has an otherwise valid tort claim that may not bring that claim because of the workers’ compensation law.

Obviously, two claims are better than one.  This post explains the types of cases in which you can bring both claims and those you cannot and why.  Continue reading

We have rejected a number of tort cases because Medical Assistance made payments for the victim’s outstanding bills. Why? Because the state simply refused to significantly reduce (or at all) its lien to account for attorneys’ fees. Sure, DHMH could reduce or waive their lien if it will cause “substantial hardship.” But “substantial hardship” was not defined and I think we had a very different definition than the subrogation folks at Medical Assistance.shutterstock_77215588

It might sound a little heartless but it is the exact opposite. The Medical Assistance problem did not impact our attorneys’ fees but did have a real impact in how much money the client could recover in the case. If we don’t think we can make the client happy at the end of the case, we are not going to pursue the claim, regardless of how much money we think we can make on the case.

But things are now a lot better because of new rules that have adopted by the Department of Health and Mental Hygiene and codified as COMAR 10.09.83. Pursuant to these new regulations, the state will now allow for attorneys (I’m not sure about pro se plaintiffs, I need to read it again) to negotiate a reduction in the lien to account for the victims’ legal fees.

Lawyers always argue over anything where there is not black and white set rules. (Actually, we argue when there are set rules, too.)

No one exactly knows the rules of the sequences of discovery because the rules are whatever the motions’ judge says there are. So lawyers take positions on these issues with varying degrees of reasonableness.lawyerdoingstuff

A new Wisconsin cases is illustrative of this issue. In Dauska v. Green Bay Packaging Inc., the defendant filed a motion for sanctions and to compel the deposition of the Plaintiff who refused to be deposed. Why? Plaintiff’s attorney refused to allow his client’s deposition until he received discovery responses from the Defendant. Plaintiff’s lawyer did not file a motion for a protective order but did make it clear his client would not appear for deposition. Continue reading

We should probably have a subsection for cross-examination materials in our Litigation Strategies category. But we have a lot of materials both on the web site and on the blog that I think are of interest if you are preparing a cross:

  • David Ball on Damages: Cross-Examination of Experts (the “one” thing that – and this is a bold statement – always works when crossing a defense expert)
  • Cross Examination of Truck Driver (we got $1 million verdict in the case based largely on this cross)
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