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cooperative and sympathetic to your client versus the negligent driver. Police officers often will not provide complete contact information for witnesses in their reports. If you contact them while the ink is still fresh on the police report, you should be able to get additional contact information for the witnesses, like their work numbers, dates of birth and driver’s license numbers, so when the trial comes you will be able to locate them.


File Your Larger Cases Soft tissue and wrongful death or


catastrophic injury cases have one thing in common: they are generally easy to value as to damages in jurisdictions with a non-economic damages cap. In serious injury cases, value is harder to determine. If reasonable minds can differ on an is- sue as to value, without the imminent pressure of a trial date, the adjuster is


going to construe the case in a light least favorable to your client. The value of a case typically increases as the trial nears. It is highly unusual to file a lawsuit and have the value of a case decrease.


Lose Cases If you are not losing cases at trial,


you are doing yourself and your clients a disservice. There are just too many cases where the insurance companies are not making offers commensurate with the value of the cases. Too many lawyers spend too much time trying to get their clients to settle cases. If your client understands the risks involved and want to go forward, go to trial. You can expect higher offers on the rest of your cases as adjusters and defense lawyers begin to appreciate that you will try a case when a reasonable offer is not made.


Recommend a Visit to a Prior Healthcare Provider


Typically, if your client does go to the


ER, he or she will be discharged and advised to follow-up with his or her family physician. This is usually a good idea. Adjusters, jurors and judges almost invariably believe a person’s injuries are more credible if the person goes to the family doctor he or she has trusted for years, in contrast to the client who only gets treatment from the doctor recom- mended by an attorney. Additionally, if you have a client that has a doctor that treated him/her for a prior injury or pre-existing condition, have the client go back to that doctor. This is important for several reasons. First, the prior doctor will know the pa-


tient’s baseline and is in the best position to articulate and evaluate what exacerba- tions have occurred from the subsequent


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RINGLER ASSOCIATES


STRUCTURED S The Only Broker


Lou Omansky, J.D., CSSC LOmansky@ringlerassociates.com


ETTLEMENTS You Need


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Richard Ryan, CSSC RRyan@ringlerassociates.com


Designing and implementing structured settlements for injured parties since 1975


Our focus is on achieving the best possible results for all parties in settlement negotiations using tax–free settlement annuities.


Offering the most competitive annuity prices from all of the leading life insurance companies


We are one of the few companies that truly enjoys the trust of all parties involved in the settlement process.


410-602-1042  410-602-1101 Fax 4 Reservoir Circle  Suite 101  Baltimore, Maryland  21208 32 Trial Reporter Winter 2009


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