General Law

Amtrak Derailment Disaster Spawns Litigation

The litigation over the Amtrak derailment tragedy has begun.  Amtrak is required by statute to maintain coverage of no less than $200 million for rail disasters.  Click here to review this statute. While this may sound like a lot, with 8 tragic deaths and as many as 200 serious injury claims, it will surely not be adequate to compensate the many victims, especially if punitive damages com…

Unfair Insurance Practices in Personal Injury Litigation

Insurance companies are in the business of making money. Make no mistake about that. They fight hard to hold onto their money as long as possible and payout as little as possible. That is just the way it is and there is nothing inherently wrong with that.
Occasionally, however, insurance company employees, in their enthusiasm for maximizing company profits, st…

An Eye Injury Lawyer Discusses Conflict Resolution

Make War on the Conflict, Not the People
My book, Winning Personal Injury Cases — and many others involving litigation — use “war” analogies to describe the approach one needs to take: Don’t show weakness; come from a position of strength; strategize for maintaining and escalating pressure on the adversary.

This article explores techniques that can be used to defuse or deescalat…

Guidance For Recent Law School Graduates – Part 1

In my new book, Winning Personal Injury Claims, I offer advice to recent law school grads who are having trouble finding employment.  This topic begins with a discussion of “hanging out your shingle”; that is, opening up a law office. To do so, the young lawyer needs two things: clients and the ability to service their needs.  It’s not simple. 

According to the National Association…

Social Media Do’s and Don’ts

Social Media Do’s and Don’ts

During litigation, there are specific concerns regarding social media and personal injury proceedings. If you (or any of your clients) interact on Facebook, LinkedIn, Twitter, etc., at no time should you ever post comments about an ongoing case. This includes statements relating to injuries.  Instruct your clients not to post photographs depicting strenuous…

The Law of Friending

Social networking sites like Facebook, Twitter, MySpace, etc. continue to grow.  These sites have tools to maintain privacy.  But is any online content truly private?

On Facebook, access to one’s information comes via a process called “friending”.  It is important that you “friend” only people you know.  What is to stop a lawyer from “friending” an opposing party in order to…

Upcoming Legal Education Seminars

Winning Personal Injury Cases

Here is my new video regarding the latest edition of my book, Winning Personal Injury…

A Philadelphia Lawyer Gives Advice Regarding Tinnitus Litigation

If you are suffering hearing loss and/or Tinnitus after a car accident or other trauma, there are steps you can take to maximize the settlement of your claim. First, you should consider becoming active with the American Tinnitus Association website and support groups so we can argue that you have tried everything. There are a lot of homeopathic treatments out there too. Keep track of all you hav…

Silence is Golden – Negotiation Strategies

In negotiations, many times what you don’t say is more important than what you do. This applies to all professionals, not just trial lawyers.

As the years have passed, I have learned to sense when not to respond to a letter, fax, email or comment. The temptation is strong to respond, especially when your negotiations partner writes something inflammatory or clearly inaccurate. 


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