By Robert I. Feinberg | Published June 6, 2016 | Posted in Accidents, Personal Injury, Premises Liability | Comments Off on Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
Read MoreBy now you would have heard or are familiar with the fact that loss of earning capacity is an element of your damages. Specifically, it is an element of special damages as is the reasonable value of the medical services provided to you. Let’s focus today on the loss of earning capacity and the basic concept behind it.
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