Personal injury is about real harms and losses. Juries are conservative but fair. When you have real harms and losses, juries will tend to want to do the right thing and help you out. If not, they will tell you so. I share this because I believe that the “right thing” starts with you and I having an objective and realistic understanding of what the real harms and losses are.

It is a common fact that cars are safer these days. With that said, science still hasn’t figured out how to completely insulate the human body from harm. We refer to the physics of human movement in a car crash with different labels, like whiplash or soft tissue injury, but the medical harm is still the same. Juries understand this fact and while they will not award the malingerer, they will take care of the individual who has suffered “real harms and losses.”

Product Liability cases are about the standard of care and science in the industry in which the product was manufactured. Against this backdrop, consumers can suffer serious and catastrophic injuries from products that fail. Manufacturers spend a significant amount of money in their research and development of such products. They certainly will not shy from spending the same in defending those products, often trying to turn the blame for the failure on the consumer, and even when the individual has suffered serious injuries.

In my experience, retaining the appropriate experts in the field, drives the outcome of the case and it certainly establishes the manufacturers risk. Most of these cases are pled in Federal Court meaning expert reports are shared. A well analyzed failure will set the tone. When coupled with the testimony of either your treating doctors or independent medical and life care experts, juries are willing to hold the manufacturer responsible and make consumers whole.

Medical Malpractice cases are expensive and risky. Jurors don’t like to think a doctor could have done something wrong to their own patient. They tend to personalize the situation and maybe even defend the doctor. Therefore, before filing suit, we have to: (1) determine if you were harmed as a direct result of the procedure, meaning, did it make any difference in the outcome; and (2) find multiple experts in the field who after a thorough review of the medical records believe there was a breach of the standard of care.