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My last blog entry discussed various aspects of the settlement process. If you can not arrive at a meaningful result for your client, you must head to trial. This blog post discusses preparation for trial as well as the trial process itself. TRIAL One of the most important weapons of any trial lawyer is the reputation […]
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My last blog post discussed the discovery process to get your case ready for mediation and trial. This blog post discusses approaches to settlement discussions. Settlement Discussions North Carolina has employed mandatory mediation for several years with good success. Though we now have court-ordered mediation, you are still free to engage in settlement negotiations at […]
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PRETRIAL PRACTICE Now that you have determined you have a good case and have built a solid foundation through extensive pre-suit investigation, you are ready to file your case. The pretrial stage is where you really add or lose value with respect to your case. For plaintiffs, to maximize the value of your case, make […]
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My last post discussed your investigative responsibilities as a lawyer. This blog entry talks about the use of experts to secure a meaningful settlement or verdict for your client. C. Experts Depending on the size of your case, the area of law involved and the complexity of issues, you may want to retain one or […]
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My last blog post on this theme discussed the importance of analyzing damages prior to taking on a case. This blog post discusses a lawyer’s investigative responsibilities when determining whether to sign a client. B. Your Investigative Responsibilities Attorneys have an obligation to investigate the case prior to filing pleadings. For the plaintiff’s attorney, he […]
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I. INTRODUCTION One of the greatest challenges facing the attorney is achieving full and fair value for the case through settlement. If the settlement process fails, all counsel can do is attempt to achieve appropriate compensation from the jury, with considerable influence from the presiding judge. Once the jury begins deliberations, all control of the […]
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I want to commend Norman D. Tucker, a Michigan medical malpractice attorney, for his insightful blog entry on the fallacy of “tort reform,” including caps on damages in medical malpractice cases. Michigan first implemented caps on damages in 1994. The insurance industry lobby said it was necessary to keep healthcare affordable, to prevent doctors from […]
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My last blog post examined the new rules pertaining to the bifurcation of liability and damages in the medical malpractice context. Rule 702 was also amended to change the standards governing the admissibility of expert testimony. This blog post will examine the changes to the language and the potential ramifications. IV. WILL THE NEW […]
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My last blog post examined the relatively new laws implementing a one size fits all cap on noneconomic damages in medical malpractice cases. This blog post looks at the new law governing bifurcation of liability and damages issues in civil cases. While the new law applies to all civil cases, this post will examine its […]
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My last blog post examined the new laws and how they affect case selection in the setting of an “emergency medical condition.” This post discusses the draconian (and unconstitutional in my opinion) cap on non-economic damages in medical malpractice cases. B. Economic v. Non-Economic Damages Perhaps the biggest impact of the new laws is the $500,000 […]
