You Gotta Love Property Damage Photographs

I start every liability theory with a complete evaluation of those property damage photographs. You know how they say a picture is worth a thousand words. Well they were right. The damages tell you everything. Direction, speed, point of impact, not to mention that they don't lie. I have a case now where the plaintiff says the defendant was backing up from a side street while turning into traffic. The defendant says the plaintiff rear ended me and I was not backing out I was simply making a turn. Even in this very close call case, I can tell you the PD photographs will win this case for my client. You watch and see if I'm right.

Copy Right 2007 Your Maryland Lawyer and Maryland Injury Attorney

Finding Hay in a Needle Stack

I spent several hours late Monday evening outlining medical records for a very serious personal injury case I am preparing to file suit on. I was most curious to track the causation issues from initial treatment at the hospital to final discharge. My client ultimately had surgery to the c6-c7 disc as a result of herniation caused by the accident. The initial presentment at the hospital immediately post accident had my client complaining of finger numbness. Not every day I find such a clean connection. I was pleased. Next, as a matter of habit, I outlined all post hospital release treatment records looking for symptom inconsistency between doctor records and physical therapy records. I can not tell you the number of times I have a doctor's report saying he is doing better and a PT report saying the patient is unimproved and both occur on the same day and sometimes only hours apart. Finally, I look for symptom exacerbation and on this point I often notice the medical records state things like much improved released to full work only to find two weeks later problems worse with activities. Also, for serious injuries such as this case, I always find worsened conditions between October and March. The cold weather is a killer. I review the records in this manner because I know already the records are in evidence and some defense attorney is going to stand in front of the jury and say see he's lying look at the records better one day worse the next. I need to explain that apparent inconsistency. Now I can argue see his symptoms are affected by activities and weather. Argument preplanned is not paranoid. Unless it wakes you 2:30 am every night for a week.

Copy Right 2007 Your Maryland Lawyer and Maryland Injury Attorney

Taking the Case

I met with a potential client a few days ago regarding a personal injury accident that had happened nearly 3 years prior. In fact when I met him he was 9 days from expiration of the statute of limitations. After meeting the gentlemen, I had to declined to accept the case. Normally, I would not meet this close to an expiration of the limitations. However, my office always accommodates when a former client referrs a friend or family member as a matter of policy. Prior to finishing the meeting I had the potential client execute a notice of limitations to be sure he acknowledged the time frames for filing suit and the consequences of not filing suit. I declined the case not so much due to the limitations period, which was a significant issue, but also due to the intensity of his demeanor in proclaiming his damages. It was a very odd contradiction that a person would wait 3 years post accident with no more then soft tissue injury and now be outraged at the damage he suffered. Not that he was not truthful. In any event, I came upon a list of the difficult cases many personal injury attorney look at twice before accepting. Red/Light Green/Light cases, lane change cases, slip and fall cases, delayed treatment cases, client ticketed cases, low property damage cases, uninsured vehicle cases, and pending personal injury cases from prior accidents.

Settlement Process

Once a client has completed treatment and reached what I call MMI (maximum medical improvement) I draft a demand letter. The demand will consist of all medical records indexed along with each bill for the cost of treatments rendered as corresponding to the date of treatment. Additionally, other cost incurred are included such as rental cost, prescriptions, towing bills, and lost wages. These are all forward to the claims adjuster in a very neat and organized package with a cover letter outlining my client's position on liability and a complete and accurate account of the damages. We use this opportunity to advocate our client's position right up front with a complete and compelling articulation of our position. It is our intention to impress upon the claims adjuster that we are thorough. We have investigated and we are prepared. Many attorneys also like to forward the complaint and discovery along with the demand package. Personally, I make this decision on a case by case basis. I prefer to make contact with the adjuster immediately after I receive a case. This way I get an idea of the type adjuster I am dealing with. I find some adjusters are professional and objective and simply evaluate the case accurately. Others are dispassionate, or indifferent, and still others are crusaders for the position that all injured persons are simply liars. I always believe the crusaders stay crusaders until they are injured in an accident. The difference in sending the complaint and discovery with the demand is minimal in effect but similar to greeting some one with a hand shake or with your fist up. When I have developed a relationship with the adjuster I see no reason to greet them with my fist at the ready. Besides the indifferent adjuster never even read the complaint/discovery, the crusaders welcome the complaint/discovery, and the professionals laugh at the complaint/discovery. In any event, in the most serious of cases, I make a practice of letting the adjuster know well in advance that we have a serious injury case. I have learned that giving this advanced notice helps the adjuster to set reserves in the case. This impact can not be minimized down the road. At the commencement of the case the adjuster sets a reserve for their evaluation of the case value. They will be evaluated by their boss later in the year based on how many cases they settled with in the limits of these initial reserves. If the adjuster has a low reserve in your case based on a misimpression of the value they will try to get your case settled with in the confines of the low reserve. Not a good situation when you are trying to settle the case at maximum value for your client. I make a point of checking with the adjuster if they prefer that I forward preliminary medical reports and updates as the treatment progresses or send the completed demand package at the end of the case. Some adjusters have a preference. I have found that treating each client's case as an individual case in stead pursuing the cookie cutter approach maximizes the potential for a successful recovery.

How To get Your Medical Records Into Evidence

GETTING YOUR DOCUMENTS INTO EVIDENCE http://www.marylandinjuryattorney.net/Evid%20Documents.htm

It is important in your proof to get your documents into evidence. This can be accomplished in multiple ways and the procedures for doing so vary depending whether you are in the district court or the circuit court.
District Court Procedure: Courts and Judicial Proceedings Article 10-104 provides in pertinent part as follows: 60 days before trial you must serve pursuant to MD Rule 1-321a notice of intent to offer medical records and billing statements and provide a list to identify each record and the actual report/bill. Also you must then file with the court a Notice of Service which list and identifies each record. Upon completion of this task it is no longer necessary for you to bring in an expert to testify on causation or that the medical cost were fair reasonable and necessary. Also, it is no longer necessary to subpoena records custodians to court to have the records entered into evidence as business records. it is important to note that you can use this same procedure in the event your case is moved to the circuit court on the defendant's request for jury trial. Provided you do not seek damages in excess of the district court limit of $25,000.00.
Circuit Court Procedure: In the circuit court I use each of the following methods:
1. Stipulation by Letter. I simply forward a letter to defendant's counsel enclosing the medical records and bills and ask that they agree that the records and bills are authentic and admissible. the stipulation makes clear that the defendant's counsel is not agreeing the injury is casually connected or that the cost are fair, reasonable, and necessary. Only that the records are what they purport to be.
2. Request for Admission of Fact: I do not generally find that procedure functional. I mention it because it is available. However, generally in my experience defendant's counsel simply deny the allegations. While I recognize a failure to deny is an admission, I have not yet seen a situation where defendant's counsel fell asleep at the wheel and failed to deny. The rule has no teeth as an unreasonable denial is not subject to sanction. However you can try to recover cost later.
3. Stipulation by Pre-trial Statement. You will eventually appear before the court for a settlement conference. This is a good time to get a stipulation to your documents. Defendant's counsel are in my experience very professional attorneys. They have no reason not to agree the records are authentic. Additionally, they have no interest in appearing unreasonable to the court. You simply list your documents in the pre-trial statement and request the court to inquire if defendant's counsel has any objection to the admissibility.
4. Expert Testimony. When you review further into the web sight you will find a section on expert testimony. You can also use the expert as a way to get your records into evidence. I will mention the records will come into evidence however using this method the records do not come in as proof of injury, they come in only as the basis for the expert's opinion. It is necessary to have the expert testify that he reviewed the records, he relied upon their content in reaching his opinion and that it is customary in his profession to rely upon such information.
5. MD Rules 5-803(6) and 5-902(11) . This is my favorite means of having records entered into evidence. It requires advanced planning as the records properly must be support by the affidavit of the records custodian. To proceed in this manner order your records; secure the custodian certificates; forward the medical records and bills to defendant's counsel; and file a notice of service to the court. As an extra measure of safety I also include with filing a list of the records by date and service and cost incurred.
6. Subpoena. Simply subpoena the records custodians to appear in court with the records.
7. Defendant's Counsel Records Deposition. Once defendant's counsel issues the records deposition I forward a letter requesting a copy of the records produced. You can follow receipt of the documents with the Request for Admission of Fact, but again in practical terms simply a call the defendant's counsel should be sufficient to get a stipulation. Again in my experience the defendant bar has always been very professional in these situation.