Saturday, January 5, 2008

Do I need a medical expert?

I have a client - a very nice lady who has become a friend just as much as a client - who asked me the other day if we absolutely had to have a medical expert to testify in her case. She asked because there is a limited amount of insurance (and the person who rear-ended her has no assets to speak of), and she knows that if I spend five grand to hire a good expert to testify, she ultimately has to pay for it out of the jury verdict.

Normally, I would always want a doctor to testify. It lends credibility to the case and is a good way to explain to the jury how serious and how permanent a person's injuries may be. But when I sat down and thought about it, my client was right. In her case, with such limited insurance money, it didn't make sense (necessarily) to hire a doctor. There is no requirement under the law at all. So, we decided that we would call her to the stand and also call a family member and friend to the stand, and that was that. I think it will work out just fine and save her some money in the end.

The moral of the story? Clients should never be afraid and never stop asking questions. Attorneys have set ways of doing things, and sometime we don't spend enough time to examine every facet of every case. You are the client - it is your case - be involved!

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