This week we continue our series divulging trade secrets of personal injury attorneys. These "rules of thumb" used by attorneys are sure to continue surprising you.
D) SLIP AND FALLS/ grocery store = Generally Bad Case
Juror perceptions are that most "slip and falls" are the work of con-artists. Getting good witness information, immediately reporting the fall and filling out an incident report with management, and taking pictures of what caused you to fall are good ways to help overcome this perception.
E) SLIP AND FALL/ private residence = Really Bad Case
Surprise! There is no jury appeal in suing grandma for not shoveling her walkway quickly enough after a storm. We live in Colorado and most jurors expect there to be snow and ice in the winter. "At your own risk" generally applies to these type of cases.
F) HIT BY A DRUNK DRIVER leaving the bar = Really Good Case
Jurors rightfully hate drunk drivers. These cases against drunks are hands down our favorite. If ever there was a "bad guy," it is the drunk who got behind the wheel and ruined someone's life because of his/her selfishness.
G) PUNCHED BY A DRUNK after leaving the bar = Really Bad Case
Surprise! The drunk's liability insurance won't cover the injury because it is excluded conduct under most insurance policies. Also, people (drunk or sober) who punch other people tend not to have anything to lose. Sure, you could sue the drunk personally, but you would likely receive little monetary recovery.
H) HIT BY A TRACTOR TRAILER = Generally Great Case
Interstate trucking is one of the most regulated areas of law. However, drivers rarely follow the safety rules required. Frankly, I have never taken a case against a truck driver and not discovered numerous violations by the trucker and the trucking company. The thing that makes a great case versus a good case is TIMING. The company can purge their records (your evidence) 6 months following the collision. So victims need to find the right lawyer quickly.
Stay tuned next week for more of the Calculus of Personal Injury as we continue to explore the "rules of thumb" used by many attorneys. At Anderson, Hemmat & McQuinn, we want our clients to be able to make the best and most informed decision. Call us today to discuss your case.