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Unseen, but not unreal
Howard Spiva
Many clients can't describe their own pain. Some may
not understand it or be comfortable talking about it;
others just deny that they're suffering. Jurors, too,
may be unwilling to acknowledge that pain is real if it
isn't visible. Strategic questioning and evocative language
can help people "see" the unseen.
High-tech proof in brain injury
cases
Donald J. Nolan and Tressa A. Pankovits
How do you make a display that depicts something invisible?
Technology is on your side: Using new techniques in biomechanical
animation, you can create compelling graphics to illustrate
the impact forces that caused your client's closed-head
injury. And state-of-the-art neuroimaging methods provide
vivid pictures of the injured brain.
Validating connective-tissue
injuries
Scott Misek
Many jurors are skeptical about connective-tissue injuries,
so you need to counter their suspicions with solid evidence.
Specialized, objective assessment tools can measure and
describe varying levels of pain and disability. Some may
require you to jump a Daubert hurdle, but all are
good sources of data. A forensic chiropractor explains
the latest assessment methods.
The loss that endures
Kathleen Flynn Peterson
Losing a way of life, a lifelong ambition, or a cherished
loved one can devastate your client for years and irrevocably
change his or her future. Asking jurors to put a value
on such changes may seem impossible, but you can help
them understand the damage as tangible, not just emotional.
Here's how to show that the plaintiff has a right to be
compensated for noneconomic losses.
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Features
Protect public benefits for
your special-needs client
Jason D. Lazarus
What you don't know about special-needs trusts can hurt
you—and your client. A settlement can threaten a
disabled plaintiff's financial future by derailing his
or her government assistance. Don't be taken in by myths
about how trusts and benefits interact. The author debunks
the most common ones.
Use OSHA investigations to your
advantage
Joseph Z. Traub
If OSHA investigates a job-site injury, it's case closed,
right? Not necessarily. While an OSHA investigation can
bolster your case and unearth useful information, in the
defense's hands it can be used to shift blame from the
defendant to the plaintiff—or to another defendant
you hadn't considered. Learn how to extract the best,
and counter the worst, from an OSHA report.
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News & Trends
Delays, fees thwart Freedom of Information
Act, critics say
High Court makes call in favor of
whistleblower coach
Texas juror-bias decision troubles
plaintiff lawyers
Police agencies drop out of class
action against Ford
Cal. hospitals can't place liens
on insured patients' tort awards
Insurer must cover injuries from
suicide attempt, court says
Maryland appeals court extends negligent
entrustment to pit bulls
More audits look for violations
of wage-and-hour laws
Parent can't waive child's claims
for skate-park injury
Telecommuting to a N.Y. office
can be doubly taxing
Parents not liable for giving gun
to drug-using son, appeals court says
Departments
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The right decision on the juvenile
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Reflections
Role reversal
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Hearsay
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