Medical Malpractice Lawyer

Insurance Adjusters are People Too

Insurance Adjusters are People Too

An adjuster suggested that my case was worth only “nuisance value.” 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 defense lawyers with a touch of humility, and wher…

Case Management Conferences

Stanley Thompson is the Director of the Case Management Conference Center, a post he has held for nine years. He served as Supervising Case Manager before becoming Director. He graciously agreed to update us on what’s new and important in this program.

The Case Management Conference is typically held 90 days after the initial filing. Conference memoranda are filed electronically fiv…

Medical Malpractice Lawsuit Crises?

Recent statistics from the Administrative Office of Pennsylvania Courts suggests that there is no malpractice lawsuit crisis. The AOPC reports that medical malpractice jury verdicts across the state have hit their lowest point since that office began reporting the figures in 2000. Last year 101 medical malpractice cases were tried to a jury verdict in Pennsylvania. This is a drop of more than 20%…

The Role of Emotion in Personal Injury Litigation

The Role of Emotion in Injury Litigation 
One very important factor in how insurance companies evaluate injury claims involves emotion.  If the plaintiff is likely to evoke strong sympathy from the jury, that is a case the insurer will want to settle.  It is the lawyer’s job to convince the insurer that this is exactly what is likely to happen.  But it’s a delicate dance.  Overdo it and t…

A Vision Injury Lawyer Discusses Legal Malpractice Claims

Legal Malpractice Cases

Legal malpractice is relevant to every type of legal case. If a contract lawyer makes an important mistake in drafting a contract, the client can sue for legal malpractice. If a corporate lawyer negligently fails to file important papers, the corporation may sue for legal malpractice. Similarly, if a personal injury lawyer errs, the client should consider suing t…

Loss of Earning Capacity in Personal Injury Litigation

Perhaps a couple of examples will help to illustrate how rapidly economic losses can add up in personal injury litigation.

Example: John suffered a herniated disc in his neck and was laid off from his job due to his disability. He was 35 years old at the time of the accident. Even though he immediately found another position, he claimed losses in excess of $500,000. He arrived at his claim…

Jury Instructions and Deliberations in Personal Injury Litigation


The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

Making Objections in Personal Injury Litigation


The objection that a question is argumentative is a powerful weapon in the trial lawyer’s arsenal. Attorneys tend to get quite carried away during cross-examination. This objection reigns in some of the more hotly worded questions. For example, the question, “Do you want this jury to believe that you were only going 25 m.p.h. at the time of the accident?” is argumentative and…

More Objections in Personal Injury Litigation


Irrelevant is a commonly made objection. A question is relevant if the answer really matters to the case. Conversely, a question is irrelevant if the answer does not make the facts more or less true than they would be without that answer.

Sometimes the answer may have some relevance to the case but would be so unfairly prejudicial that the judge will not permit it. For example,…

The Defense Case in Personal Injury Litigation


When all your evidence has been presented, your attorney rests your case. The defense attorney may then ask the judge to dismiss the case for insufficient proof. This virtually never works, yet for technical reasons the insurance company’s lawyer often makes this request. Then the presentation of the defense case begins.

The first witness presented by the defense is…

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