Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer’s client to “firm up liability” or to “assess credibility.” But providing a recorded statement is typically a “loose-tie.” It rarely results in a finding on liability in favor of the accident attorney’s client. Not…
Articles Posted in Litigation Strategies
Is Failure to Use a Child Seat Contributory Negligence?
A lawyer in Virginia emailed to ask me if failure to wear a child seat is contributory negligence in Maryland? Setting aside for a moment the abject irresponsibility of this mother who failed to ensure the safety of her child, the answer is no. Maryland Law The Maryland Transportation statute…
Independent Medical Exams: Personal Injury Attorney Cross-Examination of Defendant’s Medical Expert
A few days ago, I wrote about a judge’s article entitled Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems) that appeared years ago in Maryland Litigator, quoting Judge Smith’s comment about the oxymoronic phrase independent medical exam. Counsel on both sides of the aisle have their own…
David Ball’s New Book Damages
Psychologist David Ball has published a second edition of his book on damages called, appropriately, Damages. The book costs $85 (only $35 in 2017). The first edition was a similar price, felt, and looked like a thin, big print paperback. But looks are deceiving in this case. The book is…