Everyone these days has an opinion about personal injury litigation. Many people feel that the right to sue for injuries should be severely limited in hopes that this will bring down insurance costs. Others feel that this right should not be so limited. They fear that legislation enacted to restrict the right to sue will make big business, the insurance industry, and medical practitioners less accountable to the public. They also fear the loss of financial compensation for injuries caused by a negligent or careless act. The only constant seems to be an interest in the debate and an interest in trials.

   The O.J. Simpson trials prove beyond a reasonable doubt that Americans crave insight into trials, trial lawyers, and legal conflict. Personal injury litigation, while not as inherently glamorous as litigation involving someone like O.J. Simpson, has its own drama and fascination. In my years as a personal injury trial lawyer, I have accumulated a considerable amount of experience and awareness of courtroom drama. In this book I share with you my special insights into "P.I. litigation." I hope it serves as a legal compass which you can use to steer yourself toward the remedies available to enforce your rights.

   To begin with, the term "litigation" creates some degree of confusion. Litigation involves far more than just the trial of a legal conflict. It also extends beyond pre-trial activities such as depositions and the discovery process. Personal injury litigation begins the moment the accident occurs. Every word that is exchanged and every thought that is processed thereafter plays a part in the ultimate event: the settlement or trial of a personal injury case. The skillful trial lawyer begins litigating, that is, crafting ideas that will work toward a successful resolution of the case, from the very first contact with the client. Anything less is lazy lawyering; perhaps even malpractice.

   In Winning Your Personal Injury Claim, I examine every aspect of personal injury litigation, from car insurance choices to jury trials and beyond. The laws applicable to personal injury vary from state to state, notwithstanding the efforts of Congress to place nationwide limits on the amounts that can be collected through litigation. Much of the information I present involves general principles of law. The law or practice in your state may be different. Nevertheless, there is much uniformity throughout the states regarding personal injury litigation. Most of the information in this book can be useful to personal injury litigants in any state. Where I cite matters that apply to litigants in a particular state, I make this clear. You will have to refer to local sources for the law or practice that applies to your particular situation.

   One of the beauties of the law is that it is dynamic and ever-changing. The law is flexible enough to accommodate a changing world. When the first automobile accident occurred, the judge didn’t have a problem because there were no automobile laws; he used the legal logic of horse and buggy cases. Similarly, when new technologies cause injuries in the future, the law will be flexible enough to accommodate them.

   The federal and state legislatures are constantly passing new laws that apply to personal injury litigation. The courts rule every day on disputes that require interpretation of new laws as well as laws that have been on the books for many years. When a court decides a dispute, the court’s ruling becomes "precedent" for the future. In other words, the interpretations they dispense become the law by which future litigants can be guided. Because the law is ever-changing and growing, you should keep in mind that you may have legal rights that you are unaware of which an attorney could point out to you. Therefore in all but the simplest cases you would be well-advised to consult with a lawyer concerning the law applicable to your case. I do not recommend that you rely on this book or this site alone. My words to you here are a guide and a starting point only.