Trial Lawyer View Blog

Trial Lawyer View, the go-to podcast for personal injury trial lawyers. Hosted by Jason D. Lazarus, a renowned attorney expert to fellow lawyers and author of The Art of Settlement & Litigation to Life. The podcast explores cutting-edge topics in personal injury law, covering best practices, firm growth strategies, and ways to accelerate success. As part of Peak Practice by Synergy, a community dedicated to helping to optimize personal injury practices, the podcast also delves into firm operations, marketing, technology, and more

6 Real-World Considerations for Advanced Settlement Planning

Mrs. Smith was moved to the ICU and no neurologic monitoring was performed that evening after being moved from the surgical suite. The next morning, Mrs. Smith was found to be quadriparetic. A suit was brought against multiple defendants with a significant seven-figure recovery secured. Mrs. Smith and her family had Medicaid coverage and SSI. She had also applied for Social Security Disability Income (SSDI). At the time of settlement, there was no Medicare eligibility, since she had not been approved for SSDI and she wasn’t sixty-five.

In the confusing landscape of public benefits and planning issues that arise today for trial lawyers when settling catastrophic injury cases, finding your way can be a daunting task. In the paragraphs that follow, I’ll use Mrs. Smith’s real-world example to identify six key considerations to look out for when you’re settling a case for a catastrophically injured client.

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Anti-Social Courts

Q. I’ve had my fill of ignorant and arrogant judges who disgrace the ill-fitting robes they wear. As lawyers, isn’t it time we speak out and post about judicial incompetence so we may improve justice for all? …

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So you committed malpractice …

Q. I’m not inclined to make excuses. But things have been so hectic in my office that I let a nice accident case slip through the cracks and failed to file suit by the limitations deadline. My head is spinning. What should …

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Suspending an “Extreme” Sanction

Finding Bar Counsel’s call for an indefinite suspension too “extreme,” the Court imposed a more modest moratorium on a lawyer with an unblemished record in close to 50 years of practice. Issue: What sanction should the Court impose upon an …

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Online Review Rebuttals

Q. My online reputation is everything to me. So how should I respond to a scathing review that called me an “awful” and “dishonest lawyer” who cares more about money than people? A. …

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