Related Posts
Conversation Starter
More Posts
Anyone here tryna go into impact investing?
Can I get a commercial loan without 25% down?
Additional Posts in Personal Injury Lawyers
Rising Star
Rising Star
New to Fishbowl?
Download the Fishbowl app to
unlock all discussions on Fishbowl.
unlock all discussions on Fishbowl.
You can do online focus groups. Much cheaper. Although I wouldn’t do it for a shoulder case. And please don’t listen to the defense hacks giving you advice on PI cases. Just settled a case for $500K on a shoulder surgery for a 70 year old unpleasant woman who didn’t speak english on a slip and fall. Shoulder is minimum $250,000 no matter what anyone tells you. Rural juries relate to independence and freedom. Frame your case that way. Feel free to DM me. I’ve tried dozens of shoulder cases.
You should do a focus group to see how the issue of his non compliance with Therapy is going to affect value - it may give you sone insight on how to frame the issue
I love using focus groups. Wanting to keep costs down on this one. I could try to do my own, however. Run an ad in the paper and rent a room at a hotel. Wouldn’t cost that much.
Have you thought about dismissing the claim for past medical bills? 15k in medical bills is peanuts. It’s a low anchor. Your jury will focus on that number and end up multiplying that by 3 or 4 for their total award. There’s always one juror who thinks PI damages are some multiplier of the medical bills.
By waiving the past medical bills, the jury hears all about the gruesome surgery he had, the recovery he had, and keeps the focus on pain and suffering. Use before and after witnesses. Wife. Pastor. Neighbor. Etc. Let others talk about your client has changed.
I had a client with a clavicle fracture. His meds were 6k. The ortho said he wasn’t surgical and that it would take 12-24 months for him to recover. It took him 24 months. Week before trial, they settled for limits of 100k. Best offer before that was 20k.
Right on. Decided not to claim bills. I believe it’s an anchor as well.
Insurance defense here. I see some problems for your case. If even your own doctor says no to permanency, the defense doctor will be harsher. If a jury thinks the truth is somewhere in the middle, that’s not great. Non-compliance with therapy can turn some jury members off from big damages. And at 73 bodies break down faster, it’s not like he was 40 and in the prime of his career. Unless the defendant is a trucking company or someone who the jury will know has substantial resources, $75k seems like a fair offer. I don’t see it as a six figure case.
Just curious, any reason you haven’t subpoenaed his surgeon?
Thanks for the advice. You have a very good assessment. I don’t like using subpoena on treating doc. Don’t want to pay for a negative opinion for wasting his time. Then have to pay again for my own. There is no prior shoulder problem, however.
A lot depends on venue. I’m assuming a rural area would be more conservative so with that you’re looking at what the lower end a perfect case would be value wise (no issues liability or threshold).
Concerning threshold if there are questions on permanency which threshold would your client fit? Does your state have categories for threshold? If so argue the other ones while still claiming this one. If one fits, the policy should be in play.
Additionally, I would discuss with your doctor the rationale behind his position. Was it because he didn’t do PT through his facility or PT at all. If it’s no PT at all your file is significantly limited and the 75k offer may be too good to pass up.
I’ve done both sides of cases like this, so while some may say the value is beyond the mediation only you know your venue and your client’s personality
How are your lay witnesses re: pain and suffering? And can you find a doctor that will agree with permanency regardless of gap in therapy? Also, what was the reason for gap in therapy? If death in the family or something, jurors may be more sympathetic. Lastly, what are your clients specials?
Specials are only $15k bc of Medicare. Insurer gets the write off amount in my state. Wife of 40 years. A couple other family members. Gap was due to problems with bills getting paid. Which is reasonable. Not going to search for permanency. He’s at his life expectancy now anyways. My theory will be “who wants to spend the end of their life using a non dominant arm?”
Non compliance is a serious issue
What jurisdiction dies the case fall in?
I had a similar case. Client was 80 in a very rural area in Texas. Used to ride his horse and do little side jobs. The wreck took all that away. He’s still walking and talking but he can’t ride his horse anymore - the one thing he loved in life. Ended up getting $250K. I think cases like this have good value!
Would never take less than $250k for a shoulder case anywhere. Rural folks know the value of a properly working body. Try it.