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Settle.
Total specials are $7,300, soft tissue injury with 1 day post accident ER then about 2 months of chiro. We had our pretrial conference yesterday. This is a randomly assigned judge I’ve never been in front of before but she seems pretty good. Top offer from defense is $6k. Not enough for my client to take home anything. The in-person pretrial conference went really well and I’m ready to go next week. Let’s roll.
Will do!
Dealing with a garbage substandard insurance company. Medical bills are around $8k and liability is clear, but the offer is $3k and I can’t even pay liens or recoup expenses with such a low offer.
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Great stuff on everything from voir dire, opening and closing
They will send you another offer
Do you have an offer on the table? Does your jurisdiction do Summary Jury Trials (otherwise known as a high low)? You can get protections for your client and still go to trial if that’s necessary. Otherwise arbitrations or settlement may be better
SJT and a high/low agreement are different in my jurisdiction. Personally, I think this case would be great for a high/low. I'm not sure if I would agree to an SJT here. In an SJT, you don't bring in your doctors to testify (though you can admit sworn reports). Since the injury has low specials, I'm guessing it could be a soft tissue case, in which case it may be worth it to bring in a doc who can explain the condition to the jury. On the other hand, if it's a more straightforward injury - like a fracture with a closed reduction - and your client makes a good impression, it might be fine to just put on your client and then admit a doctor's report and the medical records. A jury doesn't usually need a doctor to explain a broken bone.
Yea expect an offer if your client testifies well. So prepare the 💩 out of them!
Are you brining a doctor or have a doctor depo to play?
I have an evidence deposition that will be read to the jury. My paralegal will be our reader and she’s been practicing for the past week or so.
So what happened? Did you try the case? Settle?