subrogation

Subrogation is an unfamiliar word, but it is a concept which it is important to be aware of in a personal injury claim.  Simply put, it means that you have to reimburse your health insurance and Medicare for medical bills they pay, if you receive any money from a party legally responsible for your injury.  You might wonder why in the world you...

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lawyers as rugby players

Rugby is a sport for lawyers.  During the game, you hit and scratch and kick to win.  However, when the game is done, the two teams retire to enjoy themselves together.  That is a model for good lawyering. Sure there are lawyers whose mother would not want to have a beer with them.  But, by and large, the most successful and cost-effective...

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It is not the jury’s job to decide what really happened.  The reality is that they decide what the evidence submitted to them proves.  For that reason, you can’t afford to take comfort in the fact that the truth is on your side.  A winning personal injury case has to be built piece by piece out of the evidence you are able to present to...

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Frequently, one of the most frustrating challenges in an injury case involves your doctor.  Only someone with a medical background can offer the required evidence about an injury, so your case requires the cooperation of your doctor.  Unfortunately, it is not uncommon for physicians to have lawsuit phobia.  He or she is happy to treat you,...

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As a practical matter, insurance coverage is essential to being able to obtain a recovery in a personal injury case. Without it, there is usually little to no ability to pay. Having to get a verdict and then chasing personal assets to get paid is almost always a losing proposition. Insurance is the business of agreeing to cover the cost of a...

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To properly prepare and try a relatively basic personal injury case involves something in the range of $25,000.00 worth of work.  The means that if the case is worth less than $75,000.00 it will likely cost my office more than we will be paid. Many of our clients have cases which have a value under $75,000.00.  Obviously, there are limits to...

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Many clients have an inspiring faith in our system of justice.  Even though their claim may be their first experience with the judicial system, they sometimes nevertheless have a firm conviction that the system will agree with whatever they’ve decided should be a fair outcome. Unfortunately, it is more complicated than that. One factor which...

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frivolous suits

In the intense adversarial environment which is litigation, even a just claim is a risky and difficult battle. Almost anyone who has litigated a valid claim understands that a frivolous suit is pretty certain to die a quick death. Sure, there is the occasional nut-job client who finds a lawyer to bring a nut-job claim.  And there are instances...

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We recently successfully concluded a case for a client who was seriously injured when his car was broadsided by a speeding police cruiser.  At the time of the crash, our client was driving through an intersection with a green light.  The cruiser was going through the intersection against a red light.  Two seconds before the crash, the cruiser...

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power corrupts

Some of our state legislators have embarked on a campaign to diminish the power of the judicial branch of state government. They are doing so by proposing legislation such as periodic evaluation screenings of judges and challenging the Court’s power to make its own rules.  These are the efforts of people in government who want to amass more...

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