Looking For Fault In All The Wrong Places (And What You Can Do About It)
[ Details ]
The Evolution of Jury Focus Group Testing
[ Details ]
Using Focus Groups, Voir Dire, and Medicare Data to Maximize Compensatory and Punitive Damages in Nursing Home Trials
Tuesday, February 28, 2017
(12:00 PT / 2:00 CT / 1:00 MT )
Duration: 60 minutes
$65 for OH Members and Staff
$95 for Non-members
Refer to confirmation e-mail for connection instructions.
This webinar will help you identify the scenarios where a flimsy claim of comparative negligence is raised, and practical and legal strategies for overcoming them. It will also discuss the thorny issue of dealing with legitimate claims of comparative negligence in discovery or trial.
| Brian R. Wilson, Esq.|
Brian was born and raised in Toronto, OH, a small town on the Ohio River. After graduating from Kent State University (1984) and Akron Law School (1987), he settled in Canton, OH, and has been a practicing Ohio personal injury attorney in Canton, Stark County, and Northeast Ohio since 1988.
Brian has litigated and tried cases to juries in numerous counties throughout Ohio, and has argued cases in numerous Courts of Appeal. Twice he has argued cases in The Ohio Supreme Court (you can...MoreBrian was born and raised in Toronto, OH, a small town on the Ohio River. After graduating from Kent State University (1984) and Akron Law School (1987), he settled in Canton, OH, and has been a practicing Ohio personal injury attorney in Canton, Stark County, and Northeast Ohio since 1988.
Brian has litigated and tried cases to juries in numerous counties throughout Ohio, and has argued cases in numerous Courts of Appeal. Twice he has argued cases in The Ohio Supreme Court (you can view a video of a case Brian argued here).
He has written numerous articles on various Ohio personal injury legal topics that have been published in Ohio Lawyer and Ohio Trial magazines. He has also written articles on Ohio medical malpractice issues on more than one occasion for the Ophthalmology Management Journal, as well as The Akron Beacon Journal and The Canton Repository. For well over a decade, he has frequently lectured and taught legal seminar topics to fellow attorneys for various local lawyers’ organizations such as The Ohio Association For Justice, The Stark County Association For Justice, The Stark County Bar Association, and The Mahoning-Trumbull Trial Lawyers’ Association.
On two occasions, Brian has testified before The Ohio Legislature to oppose laws restricting Ohio personal injury victims' access to the courts. Collapse
BOGUS CLAIMS OF COMPARATIVE FAULT (THE SHARPIE)
A. Low Limits Cases/Usually “Off The Shelf” Insurers
B. Motorcycle crash cases
C. PD cases
3901-1-07. Unfair trade practices
(C) Defined unfair practices
It shall be deemed an unfair or deceptive practice to commit or perform with such frequency as to indicate a general business practice any of the following:
(6) Not offering first party or third party claimants, or their authorized representatives who have made claims which are fair and reasonable and in which liability has become reasonably clear, amounts which are fair and reasonable as shown by the insurer's investigation of the claim, providing the amounts so offered are within policy limits and in accordance with the policy provisions;
(7) Compelling insureds to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them when such insureds have made claims for amounts reasonably similar to the amounts ultimately recovered;
2. AFTER SUIT
A. HOW DO YOU KILL IT?
1. Dig a bit deeper
• Police video example
• Independent Witnesses – you depose!!
• Preliminary Report From Expert
B. WHAT IF YOU CAN’T KILL THEM?
Ex: 5-10% contrib is no big deal, right?
“Double Whammy” Effect: In cases of legitimate contrib, juries frequently return lower verdicts because they have wrongfully factored contrib into the damages/final number.
Translated: “We didn’t feel she was entitled to a lot of $$ because she was partially at fault.”
Ex: Jury returns a verdict of 70K on 30% contribution, thinking she’s entitled to 100K, but reduce it accordingly.
Net result: Your 71K verdict just got reduced to 49K.
That’s why you need to take claims of contrib seriously.
It’s like seeing one cockroach in your house.
Call the exterminator now!
3. THE TATTOO REMAINS
If you start to get the feeling after discovery that contrib is going to be an issue in your case, you need to start thinking about using it in Jiu-jitsu fashion re: subrogation!
Get adjuster/defense counsel to quantify it in writing.
Negotiations with subro carrier
“Bogus” or “in play”/”legit issue”
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