Sunday, September 25, 2011

Tragic APD Accident Shows Inadequacy of Workers Compensation

  There was a tragic accident involving an Anchorage Police Officer last week.  See
A police officer was broadsided while trying to stop a vehicle that had been traveling for many miles down the Glenn Highway in the wrong lane of traffic.   The police officer was seriously injured and is under continuing medical treatment.

   Fortunately, because the injury was during work, the police officer is partially protected by the Alaska Workers' Compensation Act.  His medical care will be paid and he will receive a reduced paycheck until his physicians say his medical care has reached "stability."

   Unfortunately, the Alaska Workers' Compensation Act will not fully compensation the officer and his family for their losses.  Remaining unpaid will be the balance of his paycheck, his future wage losses should he be unable to return to police work, and the pain, suffering and trauma he and his family are experiencing.   These losses can only be recovered from the responsible driver and his employer.

  At the moment, his first priority is recovery and our thoughts are with him. 

Monday, September 19, 2011

Preparing for Trial

   Clients do not always realize the work that is necessary to properly bring a case to trial.  One of my cases goes to trial in 60 days and my office is getting ready.  Here is a list of projects we are working on.
  1. Scheduling witness testimony
  2. Finalizing Exhibits
  3. Finalizing Jury Instructions
  4. Filing motions regarding the anticipated evidence
  5. Completing depositions of opposing experts
  6. Asking the Court to order final document production.
As trial approaches, I will be talking to the individual witnesses more so that they understand the importance of their testimony, working on jury selection, preparing demonstrative exhibits, and, of course, opening/closing arguments.

   Because of the work involved, it is important that the Client appreciate both the strengths and weaknesses of his case.  You have to play your hand smartly.  See