The successful personal injury attorney is a master at weaving together procedure, evidence, negotiation strategy, and motion and trial practice to achieve the most advantageous outcome for the client. This manual offers fundamental instruction from both the plaintiff and defense perspectives. Gain the information you need for assessing a case and sizing up liability, damages and defenses; handling depositions; and trying a catastrophic injury case.
Summary of Content
Chapter One—Considerations for Taking and Beginning a Case
1. Introduction
2. Retaining New Clients
3. Evaluating A Case
4. Evaluating the Client
5. The Next Steps – Additional Considerations
Chapter Two—Strategies for Taking and Defending Depositions
Section 1—Plaintiff’s Perspective
1. Preparing Yourself for Deposition
2. Planning Your Deposition
3. Executing Your Plan
4. Defending the Deposition
Appendices
Appendix A: Determine How Your Documents Fit into Case
Appendix B: Sample of Getting the Most Out of Your Deposition and Dealing with Common Avoidance Behaviors
Section 2—Defense Perspective
Taking the Deposition
1. How to Prepare
- Written Discovery Answers and Document Production
- Understanding the Medical Records/Chronology
- Wage Loss/Loss of Future Earnings Claims
- Special Consideration in Wrongful Death Cases
- Electronic Communications
- Understanding the Legal Arguments
- Understanding the Medical Issues
2. Scheduling and Taking the Deposition
- Should There Be an Order to the Questioning
- Listen to the Answers and Don’t be Afraid to Follow Up
- How to Ask the Question
- When to Show a Document to a Deponent
Defending the Deposition
1. How to Prepare Your Client
2. Other Considerations
3. How to Answer Questions
4. Other Helpful Instructions
Appendices
Appendix A: Sample Witness Disagrees or Cannot Recall
Appendix B: Sample Documents Can Bolster Defenses to Claims
Chapter Three
Trial of a Catastrophic Injury Case: Overview & Tips to Avoid Common Mistakes and Confronting Key Evidentiary Issues
Section 1—Plaintiff’s Perspective
1. Effective Use of Demonstrative Evidence—General Legal Standards “Day in the Life” Videos Animations and Reconstruction
2. Presenting Your Medical Expert
3. Cross Examination of the Medical Expert
4. Recent Decision in Medical Malpractice Law and Key Evidentiary Issues
Exhibits
Exhibit A: Excerpt of Deposition Testimony
Exhibit B: Opinion- K.H. v. Kumar, 122 A.3d 1080 (Pa Super 2015) Appeal denied, 135 A.3d 586 (2016)
Section 2—Defense Perspective (Slides)
- Literature and Treatises
- The Missing Witness
- Preserve the Record
- Other Common Mistakes