Accident Checklists

Novel Virus Leads to Novel Tsunami of Litigation

Novel Virus Leads to Novel Tsunami of Litigation

COVID-related losses have spawned a wave of litigation as consumers and injured parties seek compensation for their damages. Among the most frequent claims are consumer class actions against:

1. Gyms and sporting clubs that continue charging monthly dues and membership fees even though their doors are closed, and

2. Ski and other resorts…

Coronavirus and Injury Litigation

The COVID-19 pandemic is creating big problems for just about everyone. As a personal injury lawyer, I am thinking about you, my client. We all need to be prepared for cancelled medical appointments and more. Your physical therapy regimens are probably going to be suspended for weeks if not months. And, of course, there’s no pause button for your injuries or your pain. I will be suggesting…

Sovereign Immunity

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong.

Not until 1946 did Congress begin carving out exceptions to this rule as it pertains to injury claims. The Tort Claims Act waived sovereign immunity for certain categories of injuries caused by the United States or Federa…

The 10 Worst Litigation Mistakes

The 10 Worst Litigation Mistakes

1. Don’t try to make your case better than it is. If your injuries have healed to the point where you can go back, go back to work. Juries like people who want to work, even through pain. Juries don’t like malingerers or people who try to milk the system.

2. Don’t lie to anyone. That includes your lawyer, your doctor or the opposing lawyer or doctor.

The Law of Defamation

Negotiating Those Pesky Health Insurance Liens

When it comes to negotiating those pesky health insurance liens, don’t despair. Rejoice! These liens add value to your case. And handled properly, you can maximize both your fee and your client’s bottom line. Timing and tactics are the keys to unlocking this knotty task.

When is the best time to start the negotiation with the lien holder/collection…

Insurance Adjusters are People Too

An adjuster suggested that my case was worth only “nuisance value”. That means, he was willing to pay the cost to defend the case (maybe $5,000), but no more. I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife. The adjuster chuckled.

I try to approach my communications with insurance companies and their…

Social Host and Dramshop Liability

With Memorial Day Weekend shortly upon us, thoughts turn to safety and alcohol consumption. Drunk drivers are of course responsible for the damage they cause. But often their insurance policy limits are inadequate to cover the losses they inflict on innocents.

The search for deep pockets generally focuses on two areas, social host liability and dramshop liability.

Social host liability…

Distracted Driving and the Philadelphia Amtrak Train Derailment

Distracted Driving and the Philadelphia Amtrak Train Derailment

In what might be described as the ultimate distracted driving case, eight people lost their lives and nearly 200 more were injured as a result of the worst American rail disaster in decades. The Amtrak train that derailed in Philadelphia on May 12, 2015 carried 258 people, including eight Amtrak employees. The train, including a…

U.S. House to Vote Tomorrow on Capping Non-Economic Damages and Limiting Contingency Fees

The so-called “Protecting Access to Care Act of 2017” is coming to a floor vote tomorrow. I am asking my readers to contact their congressperson and ask that they vote “NO” to this legislation.

If this bill becomes law, it would limit damages for pain and suffering to $250,000 for anyone who receives medical care “provided in whole or in part via a federal program, subsidy or tax…

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