Last week I spent three days trying a car accident case in the Circuit Court for Charles County. There were two defendants- the driver who caused the accident, and my client’s insurance carrier. There was a direct suit against the insurance carrier because the defendant driver had the minimum insurance…
Articles Posted in Personal Injury
Court of Appeals Considers Expert Witness Bias Discovery
I have been away from the blog for a few days because I have been preparing for an oral argument in the Court of Appeals of Maryland. See, when I ignore you readers it is only because I have been doing big, important lawyer-type things. Yesterday, I argued two consolidated…
Don’t Let Time, Speed, or Distance Sink Your Case
The way people think and speak about time is a recurring issue in personal injury lawsuits, particularly those involving auto and truck accidents. All drivers are constantly required to judge speed and distance simply to get where they are going. This leads to the perception that drivers and witnesses can…
Big News – Oral Argument Scheduled On Right To Discover Professional Witness Financial Bias
Yesterday I received an order from the Court of Appeals of Maryland scheduling oral argument in two cases I am handling. Really, it is one argument, but relates to two cases that have been consolidated on appeal. The first case is a case my colleague Rod Gaston had for trial…
Appellate Argument Techniques
Last week, I argued an appeal in a truck accident case. I was in the Court of Special Appeals of Maryland, which is our state’s intermediate appellate court. My case was fourth in line on the day’s docket. That meant I got to (was forced to) sit through the argument…
The Maryland Board of Physicians Puts All Marylanders At Risk (Except Bad Doctors, They Seem to be OK)
Today is October 14. Each month the Maryland Board of Physicians posts on its website a report of sanction proceedings against the physicians and other medical professionals it regulates. The sanctions for September, 2009 were just posted today. This is a big deal. That list of sanction proceedings is pretty…
Lack of Visible Property Damage Can Be a Problem in Personal Injury Trials
I just finished a two-day jury trial in the Circuit Court for Cecil County. Based solely on the preceding sentence, any experienced Maryland personal injury lawyers reading this probably have an idea where this post is going. I was trying one of the most difficult types of cases to present…
The Value of Client Preparation
I was just having a conversation with a former colleague who defends against personal injury cases, mostly auto and truck collisions. We were discussing a trial he had recently finished, and he had remarked to me that he thought the plaintiff was poorly prepared for his testimony at trial. Basically,…
More On Being First To File
I recently blogged about whether there is value to the client in being first to file a lawsuit. I was talking specifically about the litigation that has already commenced as a result of the recent DC Metro train crash. A few points have been raised by other folks that I…
Cross-Examining Defense Doctors on Financial Bias.
The best way to attack a defense medical witness’ testimony is to conduct an effective cross-examination. One of the ways we do this is by exposing the doctor’s financial interest in acting as a professional witness. Maryland law allows discovery of how much a professional witness earns from testifying, as…