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.
A claim can be settled at many different points in the process. People are surprised that a claim can be settled pre-suit, that is before a formal lawsuit has been filed in the court. They can indeed.
The subject of today’s blog is experts and expenses. Experts are a necessary part of any major, or even not quite so major, personal injury case. You need experts: you need them for damages and, many times, you need them for liability. In those cases where you need experts to help to establish liability, the case will not “get to a jury” without them. In other words, the judge will not let a jury render a decision in the absence of certain expert testimony.
This blog is a little different from my ordinary blog. Typically, I focus on the handling of my cases, which are exclusively personal injury matters. I discuss laws pertaining to them and what I see as common issues that arise. Today, this is more of a discussion about law firm management. I thought of this topic because I was asked by my legal alma mater, The University of Pennsylvania Law School, to come to Philadelphia to speak to a class on law firm management.
Recently somebody asked me what question do you get the most from clients? It is hard to quantify, but I do know one question that comes up quite a bit. That question involves timing: “How long will all this take?” I would have to say that is the question that is put to me many, many times, and is probably the most common question.