Almost any coach will tell you that fundamentals win games. While lawsuits are definitely not a game, they are about winning. So just as a good baseball coach will instruct you to field a grounder with your glove on the ground and your bare hand above the glove, we want to tell you four fundamentals you can do to help win your lawsuit. Continue reading
I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading
Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should hire his own lawyer separate and apart from any lawyer hired by his insurance company? Before I get to that, let me start with something more important. Continue reading
A few weeks ago, I received a voicemail from a lawyer indicating he would like me to be a witness in a case and wanted to talk to me about my recollections surrounding the event at issue. I will confess my response was to cringe a little. As a trial lawyer, I am intimately familiar with the litigation process so nervousness about the process, etc. was not the issue as it understandably is with some who get a subpoena. Instead, my cringing had more to do with the time involved in being a witness and getting involved in a conflict with folks that I happen to know. But once the cringe moment passed, I realized this was an opportunity similar to the one I received when I was called for jury duty. It was an opportunity for me to be reminded of what it is like to be a part of litigation in a role other than as a lawyer.
So I thought it might be helpful to write a few posts about the overall process of being a witness in hopes it might be helpful to others in the same situation. Let’s start with the cardinal rule: any trial lawyer worth his or her salt does not want you to testify at a trial without knowing what you intend to say. So that only leaves a few options. Continue reading
Whether your kid is involved in softball, baseball, basketball, gymnastics, soccer, football, cheerleading or other type of sport, the registration process almost certainly included a sports or liability waiver. Typically, the parent or guardian is asked to release the organization, coaches, etc. from any claims arising from their child’s participation. And, because the waivers are presented as a take-it or leave-it, negotiation is not an option. So, you sign it. And then, the worst happens: your child gets injured. What do you do next? Continue reading
I have been following the prep school rape trial involving Owen Labrie. Mr. Labrie stands accused of raping a 15 year-old girl as part of a ritual known as Senior Salute at St Paul’s School. Mr. Labrie claims he had consensual sexual contact with the accuser but denies having sexual intercourse. The accuser claims she twice told Mr. Labrie “no” but he persisted and ultimately raped her.
Throughout the trial, and especially in closing arguments, the credibility of the accused and accuser were front and center. While there was some other evidence including texts, Facebook messages, lists of girls Mr. Labrie was pursuing, etc., the reality is, like so many cases, this trial is largely a “he said” v. “she said”. In litigation, as in life, there are some key things you can do to maintain your credibility. So here are 5 crediblity boosters for life and litgation. Continue reading
Remember the old song? Escape by Rupert Holmes. The guy is lounging in bed with his significant other and reading the personal columns. He notices one that catches his eye and, because he is in a rut in his relationship, he responds. A meeting is set up, and when he shows up at the appointed time, it turns out that it was his girlfriend who he intended to cheat on had actually placed the ad. She appears at the rendezvous not knowing it was her lover who had responded and is equally, but happily, surprised: “they laugh for a moment and I said I never knew that you like Pina coladas and getting caught in the rain . . .” A happy ending; all is well.
Today, most folks looking to cheat in their relationship apparently don’t use the personal columns but instead 32 million of them turned to Ashley Madison. And after the hack of the company’s website, spouses around the globe are checking to see if their spouse was a user of the site. Doubtful there will be any happy endings. In fact, divorce lawyers are seeing an uptick in business. Continue reading
Recently, we were contacted by a woman who had sustained a broken elbow in an accident. She called our office and we reviewed her accident and her legal options with her. Given the circumstances of her accident, we told her we did not think we would be able to help her. But, we gave her some advice on what she could do to, at least, get the company to pay her medical bills. We later heard back from this woman who expressed her gratitude for us spending the time to talk to her and helping her find a way to get reimbursed for her medical bills. She ended her email by saying we had reshaped her opinion of personal injury lawyers.
Personal injury lawyers do get a bad name as ambulance chasers, sharks, etc. And to a large extent, some of our brethren have brought this on through a variety of practices including taking on too many cases causing them to neglect clients, airing tacky commercials with such catchy phrases as: “turn your wreck into a check”, unethically pursuing injury victims, etc. I could go on but I think you know the conduct to which I am referring. Continue reading
First, allow me to use an example to explain subrogation: You are hurt in an accident. You go to the emergency room, are admitted to the hospital for several weeks and then have a few months of follow-up appointments and physical therapy. After deductibles and co-pays, your health insurance company pays all of your medical bills. After you recover from the accident, you settle your injury case with the at-fault party’s insurance company. Using the money you got from your settlement, you buy your first home. Several months later, you get a letter from your medical insurance carrier demanding to be paid back for the medical bills they paid on your behalf after the accident. You no longer have the cash because you bought a home, but they are threatening to sue you.
Can they do that? What about if you are on Medicare or Tenncare? Isn’t that why you paid the premiums for your medical insurance? If they sue me, could they take my house or garnish my wages? What if I never tell them about my accident? Continue reading
According to the Administrative Office of the Courts data, for the 2013-2014 reporting year, there were 10,232 tort cases filed in the State of Tennessee. (Tort cases are claims for injury or death and include medical malpractice or healthcare liability claims.) During that same time frame, 10,322 cases were concluded in some fashion such as dismissal, settlement or trial. However, very few were concluded by way of a trial. In fact, only 416 cases or 4% of tort or healthcare liability cases were tried in the entire State of Tennessee last year. So what kind of verdicts were returned in these 416 cases? Continue reading
Tennessee Injury Law Center