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civilly speaking

The monthly podcast for the Ohio Association for Justice

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I thought, well, there is a model for direct examination with clients who have been really significantly injured that you could actually do a whole direct examination on what the client is now able to do.

…but I guess what I’m trying to do is just start or maybe adjoin if I’m not aware of one that already exists, a dialogue in our profession, that it’s something that we should be moving to.

Those are things that later we can discuss with the insurance company regarding duties under duress, things my client has to do because they can’t sit around without working, because they can’t afford their life if they do, but it has a value and so the best way to get to that value is to provide the insurance company or to provide defense counsel with handwritten notes from the client.

In other words, become an expert on the future.

If two out of your seven people are concerned about this, you know there’s a real risk someone on your jury is.

And the idea is that 15 percent of your job success comes from hard technical skills, the substantive parts, the brief, the depositions, and the other 85, that’s what will make or break your career.

…different programs retain different pieces of information and that is a lot of times a place where you can find additional evidence to help you with med mal case cases specifically as electronic medical records have made pinpointing data quite hard over the past several years and this is a way to help A, cut through it and B, show courts that there are ways to get the information that sometimes you hear is impossible to reach.

And so, in exchange we have this system that they thought again injured workers could get compensated faster and get treatment faster and so it was supposed to be a system that benefited all sides.

But more importantly I said do you understand the ramifications that this case could have. That means Ohioans driving around who pay for Underinsured and Uninsured motors coverage could be hit by an ambulance, a fire truck, a police car responding to emergency vehicle, the municipality has absolutely no responsibility and no liability…

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