Connecticut Pedestrian Struck Gets Caught on Tape

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney

http://www.youtube.com/watch?v=Ms20a8yC5Uw

How to Successfully Resolve Automobile Injury Cases

Writing and Speaking Assignments

I. INITIAL CONSIDERATIONS FOR THE PLAINTIFF

9:00 - 10:15, Written by Stephen D. Lombardi. Presented by Joe Johnston in Cedar

Rapids and Stephen D. Lombardi in Des Moines.

A. Initial Interview and Case Assessment – Contrary to popular belief, no new case starts the day before your client is deposed. Every case begins the very minute you begin a dialogue with the person who eventually becomes your client. From the moment I first speak with a person about the case I’m beginning the assessment of how they about their case. I assess their ability to tell their story in a way that is believable. What words they use say a lot about whether or not their case will ever be successful with a judge or jury.

A person’s speech cadence can act as a lie detector, an exaggeration meter, an alert for the hidden agenda or even a desire of the witness who wants to talk to you alone. There is a rhythm to the way every person speaks and thinks. When a person deviates from that thought and speech pattern it’s an indication of something going on in their head. And you’d better know what it is if you intend to be successful as a trial lawyer. I’ve thought for a long time that the cadence of speech allows me to tell if a witness is lying, exaggerating, hiding something, deflecting responsibility or has no clue about what they are talking about.

So what should you be doing to assess the case during the initial interview?

Listen and carry on a conversation.

Take the time to make clear notes of details, who said them and on what date.

Allow your staff to talk with the person to get a feel of what they think about the person’s propensity for telling a believable story.

Use a computer program, like CaseMap to map out the testimony and events of the case. I use CaseMap and copy into it all emails having to do with the case. Lawyers, witnesses, insurance adjusters, court personnel, staff discussions, deadlines, facts of the case, biographical facts and any other communication of fact or documented fact having to do with the case. Each fact is recorded in the fact tab along with date/time, source and category.

Maintain an organized file.

Adjust your thinking while impressing on the client the two of you will have to prove their case to a jury and if you can prove the case with the client never opening their mouth, then you are more likely to win the case. Advise the client there are credibility issues in ever case. Explain those credibility issues fully, if not as a list then instruct as they make mistakes.

What are the credibility issues jurors and judges face in every case before them? Credibility has to do with either witnesses or explanations. There is credibility of people, such as the plaintiff, the defendant, the witness, the lawyers and the experts. There is credibility of the liability issue at hand. There is a credibility question about the injury and the explanation of how the accident and injury occurred. There is medical credibility and expert witness credibility. Credibility has many different aspects and none can be ignored. If the plaintiff fails the credibility test on any of these they will probably lose the case.

You must impress upon the client the issue of credibility has to be won or the case is likely to be lost. So while you haven’t yet agreed to take their case you are listening for credibility issues. Even the best case can be lost because no one in the courtroom believes the Plaintiff. If the plaintiff is a felon who shows no reported income on his tax returns, a claim for wage loss and reduced earning capacity will probably go no where. And why you might ask? Because to people with common sense the felon for one thing isn’t to be believed without proof beyond a reasonable doubt. Felons are known to hang out amongst criminals including thieves and as my mother once told me, “Steve, there is no honor amongst thieves.”

And then there’s the trial story that must be credible. If the explanation of how the accident occurred includes someone driving west at 8:00 a.m., and being blinded by the sun there better be an explanation as to how that could be when we all know the sun rises in the east. The witness may know there were gold plated windows reflecting the suns rays into their eyes but if they don’t say it then the story lacks credibility.

And then there is credibility having to do with logic, meteorology, physics and the hard sciences. Testifying that objects were floating around without any explanation won’t go far on the credibility scale.

And there is injury credibility. A person who claims they can’t work but who bowls in three leagues lacks a certain bit of credibility. A claim that “I hurt my back in the accident.” And there is a long involved history of chiropractic care that predates the date of accident will never be believed, especially not by today’s jurors who have been poisoned by the insurance, pharmaceutical and tobacco industries.

A claim of being forced to go without basic necessities while the client continues to purchase cigarettes, cable TV, internet service, vacations and the like lacks certain credibility.

The credibility of your expert witnesses are also under the microscope. And you’d better be thinking about them during the initial interview. Find out about the educational history, medical history and work history. If those histories are full of problems so will the expert witnesses job.

You’ll be exploring how the injured occurred. If the client can’t explain it to you, then get out of your chair and head out to the location. I’ve made the decision to take or not take a case by asking for an independent witness to confirm the facts. The client gave me a name and telephone number, which I immediately contacted by phone. The witness did confirm the facts so I took the case right there.

USING SOFTWARE TO PREPREPARE – CaseMap is software for lawyers that provide organization of the pieces of a lawsuit enabling you to analyse what’s missing or wrong with the facts. You’re able to do this by utilizing several spreadsheets in a format that is easily modified for each case. The five basic spreadsheets, or pages, are Fact, Persons, Organizations, Issues and Questions. There are others but these are the main pages we use. This program gives you the ability to create Templates, which are incorporated into new client CaseMap files. I’ll explain this at the seminar because it’s easier for me to show than to attempt a complete explanation. For now just know that these templates save you time and incorporate work product through the years of your practice.

During the initial interview all pre-programmed questions in this new client’s CaseMap will be answered. You task list of what to do will be added to the Question tab. Persons and Organizations from documents they have and from their description will be added to those tabs. The Fact tab is the chronology where you enter all dates and times for factual events. The entire staff can access and simultaneously use CaseMap. The list of questions comes from the template, which you’ve created when you created the template.

B. Thorough Case Investigation Techniques – A good case investigation is as important as is your ability to

C. Being Prepared for Liability Issues – Being prepared for liability issues is no more difficult than preparing the case from the opposite side. Imagine you’re the defense attorney and have to defend the case. Consider the weaknesses of your client’s case.

D. Your Complete Guide to Damages

1. Assessing Property Damages

2. Benefits of Personal Injury Protection

a. Medical Expenses

b. Replacement Service

c. Wage Loss

3. Determining Third-Party Damages

a. Threshold Issues

b. Excess Economic Damages

c. Noneconomic Damages

4. Handling Subrogation

E. Being Prepared for Anything: Tackling Special Issues

1. Stacking Coverage

2. Uninsured/Underinsured Coverage

3. Considerations Where Alcohol/Drugs Are Involved

4. Considerations Where the Roadway and/or Signing Are Contributing

Factors

5. Considerations Where the Plaintiff Is Eligible for Workers'

Compensation or Other Collateral Source Payments

Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

Steve Lombardi, Attorney