In a personal injury case, attorneys on both sides might focus so much on the issue of liability that they give short shrift to thoroughly understanding the injury itself. This often happens in catastrophic cases where the serious consequences of an injury are undisputed.
During the many years in which I handled and tried PI cases, I myself often fell into the trap of spending so much time focused on liability issues that I didn’t fully visualize and grasp the nature of injury itself. I now recognize that this is a mistake and have since become a big fan of what I call “Visualizing the Injury.” Here’s why, and how to do it: (more…)