By Robert I. Feinberg | Published May 31, 2017 | Posted in Construction Accidents, Personal Injury | Comments Off on Bringing a Lawsuit Will Reveal Yourself But It Will Reveal Much About the Other Side As Well
Long time legal observers have said that to bring a lawsuit is to open yourself up to scrutiny, both of the past and the future. Yes, there is a fair amount of discovery that takes place of the injured victim who brings a lawsuit. But the good news: I am here to tell you that it goes both ways. When a defendant, especially in a construction site accident, is sued, your lawyer will get a whole lot of information about the other side as well.
In a claim for personal injury as a result of a construction site accident, you are going against a company, perhaps a corporation or an LLC or something of that nature. You are almost never suing an individual. That brings to mind how do you proceed with discovery once the lawsuit has been brought?
The marketing of cases, how you get cases, can be daunting and it can make the difference between a very successful law firm or a failed law firm. I am very fortunate that I got into marketing on the internet about 10 years ago, which in some respects was early. That has been a big benefit to my practice. I still do get referrals from other attorneys but many more cases come directly from the internet.
I have practiced law for 35 years and I hope I am lean though not mean. Why lean? Because a plaintiff lawyer’s margin for error is not great. Nowhere does this apply more than in the selection of cases. Actually, it works to a client’s advantage because why would a lawyer, especially one who works on a contingent fee, take your case unless he/she thought that there could be a recovery?
I recently received an e-mail on “jury tips” in personal injury cases. In it the lawyer spoke of the punitive element of some jury decisions. Well, we do not have punitive damages in Massachusetts.
With approximately 6.5 million Americans working in the construction industry, it is no surprise that construction accidents occur and lead to personal injury lawsuits. Unfortunately those injuries can sometimes be very, very serious and that is no surprise to you, I’m sure.