Wednesday, March 30, 2011

The McDonald's Coffee Cup Case

  I cannot say how many times the McDonald's coffee case comes up in conversation about what is wrong with our system for deciding accident victim losses and how other accident victims find it outrageous.  Check out to find out how the woman was hurt and how badly.

Tuesday, March 22, 2011

The Importance of the Deposition

  I just returned from a 3 day deposition trip to Oregon.  The defense scheduled the deposition of my client as well as 2 treating physicians.  Why is this important?

  The deposition is the defense's opportunity to "eyeball,"  i.e., take a first hand look at the client and determine the scope and severity of losses resulting from an accident.  At the same time, the deposition of the treating physician is the defense's opportunity to assess the evidence of medical injuries.

   I encourage defense counsel to schedule promptly  whatever depositions they believe to be necessary to assess a case.  I advise clients that their deposition is similar to a job interview.  If they present themselves well as straightforward presenters of the accident facts, their injuries and losses, it is likely that they will be presented the highest settlement offer for their case.  If that is inadequate, they can make the decision to have a jury decide their case.

   You have to play your hand smartly.  See