After the holidays, I'm here to keep your motor running through January.

January has always been a worrisome month for plaintiff's personal injury attorneys. The year end push by carriers is done, you have settled many of your best cases, you have adjourned all "the bad trials" and summary judgment motions, spent a fortune on year end obligations and it's near impossible to get a carrier on the phone; let alone settle a case. And you wonder" how will I make it, how will I pay office rent, payroll, payroll taxes, medical insurance...filing fees, experts..etc... What cases "are coming up"?

Well, all I can say is thank God for litigation funding.

Call me; You can discuss any situation confidentially with me.

Happy and healthy new year.

Happy, Healthy and Prosperous NewYear to All!

On behalf of my family, my investors and myself I want to take this opportunity to wish all my customers a happy, healthy and prosperous new year!

May you get your funding wishes in the new year...At low rates of course!



Happy new year/Feliz ano nuevo!

My opinion; At least $50 million being funded monthly in the U.S.

Despite what you may hear, think, believe or surmise, the funding business is no longer 10 or so large companies and some small " mom and pop " shops. There are large funding concerns, hedge funds, private equity, wealthy individuals, insurance companies and hundreds of small entities pounding out deals (advances) daily.
I am quite confident that more than $50 million is being funded monthly[probably closer to a$100 million] and well over $500 million annually.

I guess litigation funding is no longer the world's best kept secret.

Funding has become a twelve(12) month a year business.

The personal injury world used to be very cyclical. Dead January and February. Cranking in March , April, May and June. Slow in July and August...and crazy from September thru December. Likewise, funding would have it's peeks and valleys.

Now , I find the business is steady, constant ..with no real downturns.

I attribute it to the economy, general ongoing cash-flow needs and the sophistication of both attorneys and clients in how to use funding to their benefit. In turn, we're busy 12 months a year....Tough to even squeeze in a vacation!

Litigation Funding: Power of the Internet.

So what was Monday like in the Northeast; Blizzard, snow drifts, day after Christmas Weekend, schools-businesses closed...you got it! A dead day right ?

Well 5 years ago it would have been a dead day...But with everyone working from home and no " major internet crashes " to speak of , I was able to process 20 funding deals for attorneys and clients today. Just read, download and review....and away we go...

Woops see ya...gotta go shovel now..

Personal injury, Alive, Well and Thriving in 2010.

I try as best as I can to keep my finger on the pulse of the personal injury industry; keeping up on trends, verdicts, new statutes, reading the Law Journal, Verdict Reports , speaking to attorneys , etc. While it is crystal clear that "the day of the quickie settlement" is long gone, there is no doubt in my mind that attorneys are still producing big results for clients and there has been a recent boom in mass tort and pharmaceutical settlements. Medical malpractice cases are still just as difficult to prosecute. But don't despair.

And you know what, at end of the day keep bringing me motor vehicle, hit in the rear cases with fractures and " we'll all be happy as clams"!

What do you think?

Merry Christmas and a Happy, Healthy and Prosperous New Year to all.

As the year is coming to an end I want to take this opportunity to wish you a Merry Christmas and a happy and healthy new year to all.
Thank you for your confidence in me and allowing me to continue to serve your and your clients' funding needs.

Best regards!

Only another week and a half of craziness with the clients!

Yup, the year is drawing down...Lot of trials, lot of settlements, some good cases, some heartbreakers..... but the ever- present clients are still there.
Well, the good news is only 10 more days left in the calendar year to deal with "your favorite clients"
HO. HO, HO.....

Funding Divorce Litigation; May or may not be a good business.

The latest type of litigation getting some media play is "matrimonial litigation funding". While I'm not into yet, I am keeping a watchful eye on it. On the one hand I like it, because let's face it; When you get divorced from a rich guy you know you're getting something substantial..On the other hand you are in essence "bankrolling a treasurehunt"...betting that the attorney and investigator will uncover hidden, shielded assets.

Only time will tell if it's a sound business. My gut; If you choose your situations carefully to fund, it may very well be a lucrative field. Certainly wide open!

Your thoughts?

9 Days Left to Fund; I'm Working Right up to New Years Eve Day....

Just a reminder for you"last minute people who want funding"; The funding world will basically be shut down on Friday December 24th and also on Friday December 31st. So by my calculations that only leaves "9" days left before the New Year for funding.

Plan ahead, don't be left out in the cold!


Happy holidays!

Personal Injury Litigation Operates in a World of It's Own.

It's truly amazing! I'm involved in the personal injury world since 1984(1981 if you count when I started working while in Law School), and not even recession, depression, stock market crashes, world events, bad decisions, new legislation ,Republican's, Tort Reform or"gloom of night" have destroyed or derailed our great profession. People continue to get hurt, big business continues to put profit over safety and plaintiffs' lawyers persevere generation after generation nationwide.
All I can say is I'm happy to be part of this profession and industry.

Now let's go get em!

Don't ever be Nonchalant when getting your retainer signed;It will come back to haunt you.

We all know when "signing up a case" that you must get a retainer agreement signed and you must then promptly file a retainer statement with the Office of Court Administration. To most personal injury attorneys having the client sign the retainer is a "rushed event", giving the attorney the authority to move forward with the case. Well your retainer better be filled out completely, be accurate, should contain necessary legalese and most importantly should be able to withstand scrutiny from a Judge, arbitrator or God forbid the disciplinary committee.(See NYLJ Monday December 13th, 2010).

These are a few of the most common mistakes;
1.Clients name and address not inserted on the top;
2. Attorney has client sign a "sliding scale retainer" instead of a "one third retainer;
3. Wrong form is used when signing up a medical malpractice case;
4. While injured spouse in the hospital, the wife signs;
5. Necessary wording regarding "collection of no-fault benefits "or obtaining 3rd party funding/financing for case costs is ommitted.
I could go on and on. Been there, done it.

Moral of the story; Next time you're in a rush to have the client sign the retainer, stop, take a deep breath and carefully review the document like you would any other legal document. You'll save yourself plenty of headaches down the road!

Year End Attorney Funding can actually turn out to be quite a tax advantage.

Let's say you settled a big case just after Thanksgiving for about $2 million. Your fee plus expenses is going to be be about $700,000. But suppose you don't want the fee for this year; only about(not the full $700,000) $200,000 to take care of year-end obligations. Well you found the right guy.
By funding $200,000 of your fee in December, you can take care of your financial responsibilities and only receive taxable income of $200,000 on your fee. Best of both worlds!

Call me and I'll walk you through it. Happy holidys!

Only Three More Weeks Till Year End; I promise to get all your funding requests done.

The next two weeks in the "personal injury world" are usually the busiest and most pedantic of the year. Every attorney is trying to settle [and collect fees] on as many cases as possible, their staff's are making them themselves crazy worrying about "Christmas Bonuses " and the clients care only about one thing: Getting ahold of enough money to pay their bills and enjoy their holidays.
Having practiced for over 20 years, I am keenly aware of these needs; not to mention that attorneys want to vacation with their families without "losing their best clients".
So be mentally prepared.The calls have started and will continue right up to New Year's Eve when you get that call from a client or secretary while you're hanging out in Miami Beach.
In any event , I'm fully prepared to take care of both your( and your clients' )funding needs...which I can guarantee you will go a long way towards making it a "happy holiday season for all"!
Call or contact me , any day, anytime!

Funding Companies Buying deals from other Funding Companies; It's a common practice today.

I'm sure you've encountered situations where a client of yours funds with"XYZ Funding Company" and the next thing you know you receive a notice about the funding from ABC Funding Company. You and your client are scratching your heads, and saying who the heck is ABC Funding Company ?
More often than not the first funder simply sold your deal to company #2. Totally proper, totally above board. Your deal will remain exactly the same except you will pay ABC Funding when the case settles.
If this happens; don't panic. Just get proof that this happened and confirm the terms of your deal haven't changed for the worse.

THIS HAS BEEN A PUBLIC SERVICE ANNOUNCEMENT.[Lol]. Good luck!

Attorneys, don't be shy; If you have settled cases I'll put money in your pockets.

It's holiday time, economy is tight and the medicare rules have created havoc. So, don't be shy.

Contact me regarding attorney fee funding. I'll be discreet and can put some fresh cash in your accounts.

Im here if you need me!

Mass Torts, I was doing em before they were even Fashionable.

So I'm admitted to the N.J. Bar in December 1984(wow 26 years) and New York in February 1985 . Next thing I know I'm on a plane to New Dehli, India to meet our liason counsel for the Bhopal , Union Carbide Gas Disaster Litigation. I get there, check into the Hyatt Hotel on Ring Road, and next thing I know I'm having dinner at co-counsel's house in an upscale neighborhood in Dehli.
Two days later after working out details I'm on a puddle jumper plane flying to Bhopal to visit the horrific "accident site" and then to "set up camp " there for a month to sign up thousands of plaintiffs . I'll never forget the rainy , misty night at the airport coming back from Bhopal to Dehli(like out of Casablanca) where dozens of nationally recognized "plaintiff's attorneys" waited for their planes lugging stuffed bags" full of signed retainers from victims and their families. The only difference was that I was only 25 , with less than 2 months of experience under my belt.
Upon my return to New York , I filed the first case on behalf of Shams Uddin in District Court in Manhattan. I would return shortly thereafter to India to sign up more cases.
The rest is history. This was certainly an experience which was invaluable in more ways than one.

"Deliberate Indifference Cases" 8th Amendment; Try one, you may like it.

Have you ever tried a " deliberate indifference " case? A deliberate what you say....Well, don't worry most trial lawyers have not tried one. These cases arise when an entity who "is acting under color of state law" refuses to treat or provide medication for a serious medical need. This 8th amendment violation triggers a cause of action under 42 U.S.C. 1981 et. seq.(Yes attorneys fees and all).
So an individual is arrested for violating an order of protection. When he is arrested his "seizure medication " is confiscated. Over the course of the next three days during nurses rounds and otherwise the plaintiff continues to request his meds[documented requests] but he is continually denied.
So what does the correctional facility do? You guessed it; They put him on a top bunk in his cell....and of course he seizes, fall and breaks his neck. Well I tried this case in N.J. Verdict for the plaintiff plus attorney's fees. Defendants' put us through hell! Including an emergent appeal during preparation of the verdict form by the trial judge.

Draining, but it was a worthwhile endeavor. These can be good cases.

Well, try one....Oh and keep your time sheets.

Good luck.

Another War Story; "When all else fails , go for broke".

So it's 1991, and the cases we accepted when we first started our practice in 1986-1987 were now coming up for trial . We are all painfully aware of the agony you must endure "when you take a case that you never should have". Well, this is exactly what happened to me in Golden Nuggett Hotel and Casino vs."John Doe".
The case was initially accepted as nothing more than a "paying defense case", representing the defendant in a collection case brought by the "Casino " against "John Doe" on his outstanding" casino markers". Well , the case transformed from a mundane collection case into one of the most " important cases I ever tried" . Frankly speaking , what I'm about to tell you cannot be made up.
Ok, here's what happened. Plaintiff became permanently disfigured in an auto accident and received a large settlement . Due to his permanent, persistent pain he was prescribed and was taking Percodan, a "Class Four Narcotic"[highly addictive]. Well, immediately after he settled his case he heads to Atlantic City with a copy of his "settlement check " and bankbook in hand. The Casino must have seen him coming from a mile away; Little 5 foot one guy, disfigured face, accent, addicted to Percodan who was carrying around a paper showing he just received $700,000 in a lawsuit.
So what did the Casino do ? Checked him in, gave him a "royal suite", his own butler, credit and "his very own house doctor" who proceeded to prescribe him 200 Percodan over a two week period. Oh I almost forgot, and they helicoptered him , with a waiting limo, every few days to withdraw money from his bank in N.Y. to make good "on his notes". Testimony was even adduced that they were feeding him drinks(with the Percodan) and as he layed face down on the gambling table, he was told" this is not a hotel , it's a casino.
They never cut him off from gambling despite his "visible narcotic-intoxication " until he lost over $200,000 in two weeks. Oh, by the way they misplaced "all the video from the eye in the sky ". Somehow, no one was surprised.
So the case goes to trial in Federal Court in Camden and yours truly tries the case; Defending the collection case and prosecuting the counterclaim sounding in negligence(we alleged the Casino had a duty similar to a Dram Shop case to stop a visibly intoxicated individual from gambling).
What no one expected was that this case would attract a swarm of Wall Street interest and would turn into a media frenzy...all because of the potential ramifications of what a "dram shop standard" would mean to the "Casino Industry". The Wall Street Journal followed it, The Maury Povic Show and the AP, UPI and New York and Philadelphia media. It was a media circus.
At the conclusion of defendant -counterclaimant's case, plaintiff(defendant on the counterclaim) moved to dismiss the counterclaim. The Court(J. Cohen) responded with a thirty two page written decision denying the motion and establishing a "DUTY" on the Casino to stop a visibly intoxicated patron " from continuing to gamble . This standard became "the law of the land" and later I belive it was statutorily codified. But my work was not done. Still had summations.
Plaintiff summed up and basically said he borrowed the money and he owes it; here's all his IOU's , etc. For me , it was one of those moments I decided " to go for broke " . We had nothing to lose.
I proceeded to give my closing statement lying face down on the counsel table for two hours, imitating the way my client looked while laying face down after ingesting class 4 narcotics and drinking alcohol at the "gaming table". I later learned the Judge was having a fit and I came very close to a major sanction. Summations were watched intently.
Next day a verdict(I wanted to get out of Camden already); Jury found for the casino on the collection case, but on our counterclaim they also found the Casino negligent under the new standard the Court had established. Only problem was they found my client 51% comparatively negligent, reasoning that each day he went back to the tables on his own volition. Wow a bummer!
Well, we "rode the media wave" for a while, received numerous calls from people all over the country who were bilked out of their money, filed an appeal and ultimately settled.
Hey, once in a while "you have to go for broke"!

It's Almost Twenty years, so I have to tell you a "war story".

This morning I suddenly realized that my dad and former partner suddenly and very prematurely passed away 20 years this upcoming March. Wow! Anyway, he was the greatest guy I ever met; animal trial lawyer, sports nut, tennis , hoops, hockey, baseball , skiing, pingpong...you name it. Brooklyn boy all the way.... As I always say" he taught me how to try a case, and I taught him how to settle one". I had the honor to be his partner for 5 years almost directly out of law school.
So time for a funny walk down memory lane. In or about 1987 , I signed up this case against Alan Funt and "Candid Camera " on behalf of a former actress who claims she was screwed out of her residuals because she was not a member of AFTRA. We filed in Federal Court and proceeded with discovery. I was " riding shotgun " the entire time...just holding the client's hand.
Anyway, time came to take Funt's deposition. Problem is Alan Funt lived in California and would not come to N.Y. for fear of being arrested due to a outstanding judgment on matimonial arrears. So we took our traveling show to San Francisco to take his deposition at "the Alan Funt Ranch " in Carmel. Me being the hot shot 26 year old wordly guy I was, made all the travel and hotel arrangements.[lol].
So my dad and I get to the hotel in San Francisco and go to the front desk to check in. The clerk gives us only one room key...I'm thinking that's strange. Anyway we get to the room; all pink, one bed, pink curtains...the works! Yes, yours truly checked us into a gay hotel. Never lived that one down.
The next day we took Funt's deposition, had a blast , made the case[ultimately settled] and enjoyed Carmel, San Francisco and wine country for two days. I will never, ever forget that trip!

Happy Hannukah

To all those who celebrate Hannukah, I wanted to take this opportunity to wish you a joyous and safe holiday.
Happy Hannukah!

Additional Funding request; Don't knock yourself out...just need status update with new meds, etc

One of the easiest things for a funder to do is provide additional funding after the case has already been approved and funded for the first time. Since the case has already been entered, reviewed and approved , the "second time around " is greatly simplified.
If your client seeks additional funding on his case, just email me, fax or call me with "quickie case update"; The file can be looked at asap and a decision made promptly. No new funding application is needed.
So if the situation arises over the holiday, shoot me an email or give me a call....I'll be on your request 1,2, 3.

It's truly amazing;Judges who never settled a case in their lives join a mediation company and they're now experts.

I gotta laugh. Almost every week or every other week an announcement is published in the Law Journal letting the legal community know that another judge has retired from the bench and is joining a private mediation/dispute resolution company. Some of these former Judges never really practiced law and others never really had "the stomach " to spend the time while on the bench settling cases. Whatever the reason; it "was beneath them, " they didn't have the time", didn't have the expertise or whatever, they didn't do it.
Most Judges' idea of trying to settle a case is "what's your demand, what's your offer? Ok," you're too far apart, go pick a jury".
But these same former judges now retire, become instant experts on settlement and the parties are of course charged $500/hour for their time. Remember, a name doesn't get a case settled, but a patient, realistic, practical , experienced and level-headed jurist will.
The key; Check out your proposed mediator with individuals whose opinions you trust. Not everyone is as good as Mike McCallister.

Worst Funding States of 2010;

WORST FUNDING STATES OF 2010;
1. Maryland
2. Ohio
3. Illinois
4. Georgia

Best Funding States of 2010.

BEST FUNDING STATES OF 2010;
1, New York
2. New Jersey
3. Florida
4. Pennslyvania
5. California
6. Nevada
7. Texas

I'm Tickled Pink; There is still warmth, decency and sensitivity on "The Bench".

Let's face it; the world has changed, people have changed, the practice of law has changed and "Judicial Demeanor " is no longer the same. Right or wrong, State Court Judges and even more so, Federal Court Judges have become outwardly tougher, increasingly impersonal , less approachable and in my opinion(20 years of trying cases and almost 6 years funding them) the "Bench " oozes with insensitivity. Is this because the caseloads have reached such stagnating levels ,or because attorneys and litigants are more recalcitrant, or due to more pressure from administrators to"move cases" or a combination of all of the above.
Whatever the reasons, "tough" seems to be in. So when I read Wednesday's New York Law Journal, I was tickled pink when Judge Kimba Wood , a well-respected Federal Court Judge in Manhattan granted an orthodox Jewish defense attorney's application to have a day off from trial if his daughter's first baby is a boy[for the Bris] and Judge Wood also wrote" if a daughter is born there will be a public celebration in Court, with readings from poetry celebrating girls and women"(see "aishes chayil").
Wow! How cool is that ! After getting sanctioned numerous times by judges over the years for anything from speaking objections, chewing gum to taking off your suit jacket when it is 98 degrees and there is no air-conditioning in the Courtroom, this goes a long way towards restoring my belief in civility, caring and compassion in the Coutroom.

Judge Wood, you made my day!

2010; Best Carriers.

Best Carriers of 2010;
1. Chubb
2. AIG
3.Progressive
4. Utica Mutual
5. Zurich
6.Met. Life
7. Hartford
8. Geico

Your thoughts?

2010 Year End, Top 10 Worst Carriers -Defendants.

Top 10 worst carriers /defendants of 2010;
1. American Transit Insurance Company
2. Countrywide Insurance
3. Allstate
4. New York Transit Authority
5. City of New York
6. State of New York
7. County of Westchester
8. State Farm
9. U.S.A[Tort Claims Act]
10. All med. malp. defendants

Happy turkey to all.

Did you ever get lucky enough to catch a defendant altering records?

You can go years and years, through thousands of cases and hundreds of trials without catching a defendant altering records. You may think they altered records, be highly suspicious of it and even hire an expert to opine on the issue.
But how often do you actually catch a defendant altering who admits it on the stand at trial in open Court "under oath". Well ladies and gentleman, in a nursing home negiligence case[no bedrails-fractured hip] which I tried in Superior Court, Bergen County, the triage nurse admitted to records being altered. I almost fainted! I continued my cross for an hour before the Judge had to call in the "cut man" to clean her up.
As is every trial lawyer's God given responsibility , I summed up on it for almost 2 hours, pounding, and pounding and pounding!
Result : plaintiff's verdict $330,000.
Moral of the story; If you get ahold of something good, never, ever let up. Because I guarantee you, your adversary won't!

Congratulations to those firms who have settled "their Oxycontin cases"; Funding now available.

Another drug manufacturer bites the dust; Oxycontin is settling. Albeit, not for great numbers....but not for chicken feed either. The big law firms are signing their term sheets now on behalf of hundreds and thousands of clients.

That is the good news; The bad news is the money will take 6-10 months to roll in. Well don't fret...Yes. I have put together a funding program with special low rates for "settled Oxycontin cases". Process is streamlined for you and your clients. With the holidays here I know the clients are calling for money. Make it simple and hassle-free. Contact me, I'll take it from there.
Gobble, gobble!

When was the last time you handled a podiatric malpractice case?

One type of malpractice case you see less and less of is a podiatric malpractice case. They are difficult cases, tough to settle and the"ultimate upside " is not there. How much is a hammer toe actually worth?
In 2004 I tried a podiatric malpractice case against the N.J. Nets team podiatrist.(I didn't even know they had one).This guy was stuck up beyond belief, lost the xrays and tried to finesse the jury all the way. I wanted nothing to do with the case but got forced into trying it when the client " called my bluff" and wired $7,500 into my account for trial costs. Yikes!
Oh well, another day at the office...no pay, fight to the death. "Case has no merit"!
Verdict on a" botched hammer toe surgery" $135,000. I should have asked for more. I HAD FUN WITH THE" MISSING XRAYS" during summation . Settled for $ 130,000.

Well you don't see too many like that. Anyway, these are depressing cases to handle. Make sure if you take one, it's a real one...[get a good expert] and remember there is no such thing as nuisance value on these.
Don't say I didn't warn you.

More and more Hedge Funds getting into the act.

Litigation funding has now been around for 15-17 years. What started out with a handfull of small mom and pop companies...has now turned into a "billion dollar industry". Where has the infusion of cash come from? Large banks, wall street, wealthy individuals, insurance companies and hedge funds.
These large sources of capital have come to realize that while stocks, bonds, currency , futures, commodities , puts and calls may be traditional investments, swings in the economy will ultimately control their value; while litigation funding will actually operate in a vacuum, independent of the local, national and world economies. In fact an argument can be made that funding will actually increase during economic downswings..

Your thoughts?

New York Times Funding Story; I thought they did a decent job.

I'm sure anyone who is a regular N.Y. Times reader caught the front page story on the "Funding Industry " on Monday. I thought the article was well written, objective and a fair amount of time was spent researching and preparing the article. What was nice was the fact that the writer did not make judgments about the industry; just reported facts. Their chronology was well done too.
Interesting though that arguably the leading daily newspaper in the world is just getting wind of funding all these years later.... What do you think?

If you litigate, you must have "on hand" Industrial Code 23 and "The Patrolmen's Handbook".

If you're a litigator, there are certain texts/reference books you always want to have available even with the vast resources of the Internet. Everyone has The Physician's Desk Reference, Siegel on New York Practice, PJI'S , a pocket version of the CPLR and usually an anatomy text. But you haven't really lived until you get your very own Industrial Code 23 and Patrolmen's Handbook.
Industrial Code 23 is the Bible for Labor Law . You'll be amazed what you can cull from there. Great stuff , plus you can read the Code as part of your direct case at trial(See Broder's Trial Tactics and Techniques).
The Patrolmen's Handbook is a tremendous source of priceless materials to assist you in prosecuting police misconduct/brutality cases. Nothing better than marking a page at defendant's deposition and asking the police office if he or she was/is familiar with a particular section you allege was violated.
Oh, and do yourself a favor pickup Broder's Trial Tactics and Techniques. I know it got me out of a number of jams over time on sticky evidentiary issues. Happy hunting!

Don't handle a products liability case if you don't have the experience, resources and staying power to bring them to conclusion.

Products liability cases "are horses of a completely different color". Most defendants are self insured, they look at these cases as an attack on their product, hire the best and most skilled defense counsel and instruct defense counsel to "fight to the death"(no settlements).The one exception that comes to mind is Toro Lawnmowers who have a national mediation program.
As a litigator I sued Ford, GM, Chrysler, Honda, Toro, and many, many more product manufacturers and distibutors. I had a lot of big hits and many some small settlements(crappy cases) , but because I knew how to prosecute them (coupled with my stubborness) I don't think I ever walked away " empty handed " in over 20 years of prosecuting these types of cases.
There are two things you have to do in every "products case"; which if you don't do you might as well flush the case down the toilet;
1. Bring a pre-suit order to show cause requesting an order for inspecting, photographing and videotaping the product. Your application should also request a TRO enjoining any repairs, alterations, maintenance , modification , movement or destruction of the product pending your inspection.(Request any records related to repair from date of accident to your inspection as well).
2. Immediately hire an expert[not a "jack of all trades] who MUST examine the vehicle once you get your order. ***Of course if your client is in possession of the vehicle( OR PRODUCT) you do not need a Court Order. In this instance , make sure you secure the product or vehicle, do not dispose of it and make plans to securely store it throughout the entire course of the litigation.
Always accompany your expert to the inspection and make sure you identify manufacturer, make, model, serial number, component part makers etc, so you can formulate a complaint.Always alternatively plead, design defect, manufacturing defect, negligence UCC violations and breach of express and implied warranties as well.(Don't forget punitive damamages).
By now your expert should provide his preliminary opinions to you which will allow you to tailor your interrogatories and discovery requests. Over the years I put together a hundred page set of interrogatories which we used in every " products case". Defendants generally knew we were playing for real. Make sure every iota of investigation and discovery you receive winds up in your expert's hands. He or she will guide you through the technical side of the entire litigation. Expensive yes....but no other way to proceed.
Well , enough for now. Are you getting the picture? Product liability cases against major , fortune 500 defendants are complex, expensive and are not a walk in the park.

Does anyone really handle many dental malpractice cases anymore?

Back in my heyday of litigating and trying cases we usually had about 10-12 dental malpractice cases in our inventory at any one time. As is well known by litigators, dental mal cases are loaded with issues;
1.Usually plaintiffs have a long history of dental problems/issues which provides for a lot of discovery and the old" his mouth was a mess anyway defense",
2. Most dental injuries do not have "top shelf " value,[exception lingual nerve damage cases etc,]
3.It is always difficult to distinguish dental treatment pain from pain related to the alleged malpractice and
4. Lastly, these cases are expensive to prosecute and usually must be tried due to consent clauses in the policies. Not to mention , the defense attorneys are usually more experienced than their plaintiff-counterparts.
So are the carriers and dentists winning? I personally believe they are.While a few select firms handle them in volume, most practitioners do not want to be bothered on a case worth 100k or less which will cost 30k to prosecute.
Do you blame them?

Compounding vs. Non-Compounding; The Sequel.

As a brief followup to yesterday's blog, let me further illustrate for you the comparison between a compounding rate vs. a non-compounding rate. At the end of year three on a $50,000 advance, 3.5% monthly compounding rate you would owe $168,000. At the end of year three on a non-compounding 15 % every 6 month rate you would owe $95,000.
Is that a significant difference, or am I crazy? (Don't answer that).

Moral of the story; Don't take a "quick fix" and allow your client to wind up with a "suffocating , compounding rate" which will make it very difficult to ultimately resolve the case.
Stay on top of things!

Compounding fees vs. Non-compounding; You'll be astonished!

As you may be aware my funding rates are typically 15% every six months; NO COMPOUNDING. A rate you may see from other companies is 3.5 % per month, compounded monthly. Let me show you through a quick illustration how vastly different these two rates can be in terms of accruals.
Case number one, client gets $50,000 of funding. Rate: 3.5 % per month, compounding monthly. At the end of one year he owes $75,000. At the end of two years, $112,500.
Case number two, clients gets the same $50,000. Rate:15% every six months. At the end of year one he owes $65,000. At the end of year two, he owes $80,000. Quite a difference!
We didn't even get to year three....
Moral of the story: Rate is very important!

Is the failure to get a "life care planner" on a heavy case a mistake?

To me,(from my twenty years of trying cases plus my 5 and a half years of funding them) there are cetain "givens" when handling a case with a life altering injury:
1. Get strong narratives with opinions on causation, permanency, on whether the injury will continue to be pain producing and what are future medical needs...including medications etc;
2. Engage a good " life care planner";
3. Retain an economist ;
4. A vocational rehab expert and if the situation is right...
5. Get a usable/admissible day in the life of video.
If the plaintiff is terminal always do a videotape deposition to be utilized at the time of trial.
So is the failure to retain a "life care planner " a matter of litigation strategy or a failure to properly prepare your case? All I can say is if you can spend $2500 to increase the value of your case by $500,00, a million, two million or more....you do it.
Just make sure your treating or examining physicians recommend specific future medical care.
Remember; Protect yourself at all times!

Beware of Judges who don't understand the N.Y. Labor Law.

Just open up the Law Journal, read the advance sheets or look at your own cases; For every good decision by the Court, there is a "bad one". Yes, if you perfect your appeal, you can"right the wrong"....but this is expensive, time consuming and difficult to swallow for a client. Unfortunately, some attorneys don't even want to be bothered with an appeal...not good!
Recently another questionable decision was rendered on a 240(1) Labor Law case in Rodriguez vs D&S . In that case Justice Markey ruled that hoisting concrete slabs over a truck was not considered part of the work site.
Result: Summary judgment for the defendant. Read the decision....What do you think?

Medical malpractice Continuous Treatment Doctrine; Not a Gimmie.

We are all familiar with the "continuous treatment doctrine" in medical malpractice cases. Generally, if you are under the care of the same physician, for the same injury/condition without "excessive gaps in treatment", you may be able to toll/extend the statute of limitations period.
Well, the Appellate Courts have continued to "water down " this doctrine. Another published decision in this past's week Law Journal did just that. We know that in any case where there is the potential application of "the doctrine", you will most likely be met with a summary judgment motion.
Two suggestions;
1. Get full records before you agree to take a case and
2. MAKE SURE if you agree to prosceute a case with "a potential statute of limitations defense", you advise the client[with their acknowledgment ] in writing from the inception.

Remember, protect yourself at all times.

Settled cases; Get your funding, Get your funding.

There are going to be thousands and thousands of cases getting settled this time of year. With the medicare delays, tight economy and the holidays just around the corner there will be a need for funding for both client and attorneys alike.
If you want the fastest service, hands on professional treatment and low, low rates.....You've come to the right place. Try me!
After hours and weekend service available "like no one else".
24/7 service.

Celebrity Justice? Not all the time.

In my litigating career I have sued sports stars, rock stars, hip-hop moguls, actors, columnists, boxers, publishers , sports announcers, billionaires and more. Some were big hits....some were not.
While a celebrity is vulnerable on a "real case" , in my experience on a questionable case the celebrity will "hunker down" and hire the biggest, baddest and most skilled defense attorneys. Did anyone say Cravath, Swaine? Once the "high-powered " defense team is in place, your case better be worth it ....because you will be put to work like never before. Motions, rejections of discovery responses, notices to admit, interrogatories, perfected appeals; Well I trust you're getting the picture. Painful stuff!
So the next time you get a celebrity case, make real sure you've properly evaluated the merits, and "don't count your chickens before they've hatched". Because otherwise, you will kick yourself for ever getting involved in the God awful mess.
Been there; done it! Not fun.

In the Funding World, It's all about Credibility, Trust and Reliability.

When you are seeking funding for a client whose house is going to be foreclosed upon, you have no time for a fancy sales pitch, half-truths or maybes. You need to use a funder who in "crunch time" you know will get the job done. Well I'm the man for the job! My motto; Crediblility, Trust and Reliability.
As an attorney you should be looking for a funder who is credible[and has low rates], trustworthy and most importantly who you can rely upon to get the job done. In the more than 5000 funding transactions I have handled I bring to the table on every deal and every interaction these characteristics. Whether I'm dealing with the attorney , client or funder I take great pride in my work and I hope I am known for going to "the end of the earth " for my customers.
Ask around....then give me a try.

Funder's ; Beware of funding infant's cases, unless you get a Judge to authorize funding up front.

I've been getting a fair amount of calls from attorneys who are seeking funding for parents of infant-claimants. This type of funding in dangerous and full of many potential land mines. Basically I have encountered three scenarios;
1. Parents simply want to take an advance on the infant's case. This is impossible to do; unless you get a Court order[ex-parte order]authorizing this. The reason is simple. An advance can be made and the ultimate Judge compromising the case can disallow the funding;
2. Parent has their own personal injury cause of action(i.e. negligently performed chilbirth resulting in a ruptured uterus). No problems here;
3. Case is settled. Attorneys and carrier agree to a payment on parent's loss of services claim. This is still risky. The Judge presiding over infant's compromise can still disallow the apportionment of $ to the parent. Under that scenario, the funder would be stuck.
So next time you have a funding request along those lines, call me and we'll talk it out.
Good luck

Ten commandments to keep yourself out of trouble with clients.

1. Thou shall take /return all client calls.
2. Thou shall provide statuses in writing.
3. Thou shall periodically respond to client emails.
4. Thou shall communicate offers in writing to client.
5. Thou shall not be condescending to clients.
6. Thou shall make sure clients are properly prepared for all hearings/depositions.
7. Thou shall reject/turn down cases without merit.
8. Thou shall not promise the client the sun, the moon and the stars.
9. Thou shall not handle a case outside their field of expertise.
10. Thou shall have a closing statement prepared at the time the client signs a release so the client can see what he or she is taking home.
Believe me; this will drastically cut down on client complaints.

Judge Harold Baer; are you kidding?

Most of you probably know of Judge Harold Baer who sits in the Southern District of New York. I appeared before him numerous times when he sat across the street in State Supreme Court. Judge Baer is highly intelligent and has written some excellent opinions during his stint on the Federal Bench. And don't get me wrong, I'm a liberal, socially conscious individual married to a female, minority attorney.
But, Judge Baer's recent decision requiring a "private law firm " in a class action case before him, to put one female attorney and one minority attorney on the case is a clear(dangerous ) example of the Judiciary overstepping it's bounds.
What will the Judge do next? Require lawyers of certain ages on cases ? Or of certain heights, weights, eye color, economic background? Or maybe he will require one lawyer from each political party to appear on the case? Give me a break!
Judge Baer , respectfully ventured into a territory the judiciary has no business in. Maybe he will next require "all blue matching suits " for the litigators who appear on this case.
The choice of what attorneys should appear on a case is solely the client's and the law firm....and no one else!

Wrongful Imprisionment cases; City of New York is Paying some serious money($) to settle.

Not too long ago before individuals were being cleared through DNA testing(The Innocence Project etc.,) false imprisonment /malicious prosecution cases against The City of New York or The State of New York were looked at as more of "long-shots", rather than legally recognized causes of action. I prosecuted several myself; and without "eveidence of blatant police misconduct"(like the old 3oth precict cases) they were "uphill battles".
Now with firms like Neufeld,Scheck and Brustin and Beldock, Levine and Hoffman these cases are getting the attention of defendants and the "Bench", that they warrant and deserve.
How would you like to "wrongly " spend fifteen years in prision in the prime of your life?Just this past week, the City of New York agreed to settle the case of Jose Garcia (who wrongly spent 15 years in prision ) for $7.5 million . The money will not get him those years back; but justice was served. He probably did better by settling the case rather than trying his case. HIS ATTORNEYS? Neufeld, Scheck and Brustin. Congratulations to you , Mr. Garcia and your fine attorneys!

If I can't get you a better funding deal, I'll eat my hat!

Just last week I went to visit one of my customers, a well respected plaintiff's trial shop in Manhattan. This firm does a lot of "trial work" for smaller firms, and accordingly they "inherit files" with funding already in place. They asked me to take a look at some files to see if I could refinance existing funding deals to secure a better funding rate.
I was floored at the outrageous rates the clients were paying......all compounding on a monthly basis as well. The first three I looked at , I was able to refinance on a "non-compounding basis: a savings of untold thousands for the client. I am hopeful I can refinance dozens more for them.
If you have one of these "onerous deals" in place; call me asap.....Don't wait until the lien grows and grows like "Pinocchio's nose". If I can't help you, I will eat my hat!

Next six weeks; Record fundings expected!

End of the year, trials galore, carriers wanting year end settlements, Thanksgiving, Hannukah, Christmas, vacations, New Years, medicare.......all add up to one thing; Extensive funding needs!
I'm working 7 days a week to keep up and to be accessible to the "plaintiff's bar" and it's clients!
Good luck!

Watch out for Insurance Companies who prey on claimants in the days following the accident.

I was just recently looking at a funding deal; passenger, lumbar fusion, top plaintiff's firm and $1 million coverage and $500,000 respectively on the 2 cars. Looks fine, right? Well almost.
As it turns out the carrier with the $500,000 policy, a fews days post-accident gave the plaintiff $1,500 and had him sign a release. He was not represented by counsel at the time. Yikes!
So while everyone is proceeding in the case...this issue can be brought to the forefront via a summary judgment motion at any time. Of course the plaintiff was unrepresented, didn't know what he was signing and believed it was for medical treatment....but it still"lurks " out there. This practice is sneaky, underhanded and as far as I'm concerned should be outlawed by Insurance Department guidelines or statutory enactment.
How do we curb these tactics? Answer: Prohibit carriers, defendants or third-party TPA's from settling a bodily injury case directly with a claimant for the first 30 days post-accident. What do you think?

Did you ever make $30,000 an hour?

One of the most exciting moments I experienced in my almost 20 years litigating cases in New York, was over before you could blink your eyes. About 6 years ago, I'm in my office doing paperwork on a very quiet "holiday day" when I get a call from a former[satisfied client] who tells me she was filming a tv commercial with a "major sports celebrity". During a break, in front of 200 people the celebrity ,(while my client was kneeling), bobbed her head up and down by his crotch mimicking oral sex. Extras on the set had witnessed it and my client was humiliated, scared and terrified that if she complained she would "be blackballed " forever in her industry.
She told me there was a"woman extra " on the set who would be cooperative, who had confirmed to my client that she saw every horrible little detail. I advised my client to immediately contact the witness and set up an interview where I could obtain a written statement. Next thing you know I'm with my client [ 1/3rd retainer in my bag]at the witness's apartment by the Seaport, taking and notarizing an ironclad written statment. Retainer signed , of course[hey!].
Immediately afterwards I did 2 things;
1. Dictated a complaint to my secretary to be filed in Supreme Court, New York County[from the cab] and
2. Contacted a childhood friend[agent in the sports business ]to get the sports celebrity's cell #.
My friend as it turned out was very close with the celebrity and he did try to mediate.I called the defendant on his cell phone, introduced myself in a very professional manner, explained our version and read him the "guts of the statement". I also became aware that he had a huge sporting event the next day and of course I had every intention of sending the filed complaint to the Post, Channel 4[I knew Ralph Pensa] and of course ESPN. I stated in no uncertain terms "we needed to settle today" or I would file the complaint at 5 minutes to 5 befote the Clerk's office closed. He listened , asked a question or two and said that they would be in touch shortly. Next call ,my friend begging us to go away for $20,000. Rejected! Next call the sports agent; " can something be worked out here "? Of course for $750,000, a letter of reference and a guarantee she would not be blackballed. Next call, fancy sports attorney from L.A. called. Let the games begin!
I immediately sensed vulnerability; i.e. irreparable damage to an ironclad reputation which could cause the end of a career and countless millions. So I came from a position of strength and played my best hand....the independent eyewitness's written, notarized account. That statement would carry the day and a $600,000 settlement consummated in the hallway in the Courthouse leading to the counter where complaints are filed at 4:55 p.m. Surreal moment.

Justice done, client gets her coop, her career is unblemished , celebrity no worse for wear[just $600,000] and Goldman makes $30,000 per hour($200,000 fee for 6 and a half hours). Not bad for a day's work!

Bhopal,Union Carbide , All these years later.

One of the truly horrific incidents of the 1980's was the Union Carbide Gas Disaster which took place in Bhopal India at the end of December 1984-early 1985. I remember the time frame well. I was admitted to practice law in N.J. in December 1984 and then in New York in February 1985. Well, I vividly recall, just after my New York admission being sent off on a plane by the firm I worked for in Manhattan to meet our Indian Lawyer contact in India. I made our contact , signed up thousands of cases and over two trips stayed for 2 months. While in India I saw many of our finest personal injury firms ,obviously there on the same mission.
While the case dragged on. Judge Keenan eventually dismissed it on "forum non conveniens grounds, effectively transferring the case back to India for it's conclusion.
Well, just a few months ago I received a call from a friend who knew I had been in Bhopal , who let me know that he saw in the Law Journal that Judge Keenan still had, and was deciding some Bhopal related matters. "Justice, just 25 years later."

CPLR 7503(C); 20 Days really means 20 days.

As we all know in New York, when a claimant files a demand for uninsured motorist arbitration, there is a STRICT 20 day statute of limitations for the carrier to file a petition to stay the uninsured/underinsured arbitration.
I always like to tell this story. When I was practicing I had a case where I could not confirm coverage on the offending vehicle after months of trying. So I did what any crafty practioner would do; I filed my demand for uninsured motorist arbitration on the no-fault carrier by certified mail. Amazingly, on the 21st day, a claims rep called me and said they think there is coverage on the offending vehicle...would I ACCEPT THEIR PETITION 1 DAY LATE? I responded by asking him, "if I had a great hit in the rear case, and I filed on the 3rd year and a day..would you direct your defense counsel not to contest statute of limitations"?
I immediately heard a click on the phone and the line went dead.
Moral of the story; Know your limitations periods and enforce them whenever you can! Because I guarantee you defense counsel will!

Plaintiff's in personal injury cases are at a huge disadvantage; Defendants have access to much, much more data.

If I was currently sitting on any NYSTLA committe today like I did 15 yrs ago, I would be pressing for some way to even the "litigation playing field " with carriers and defendants. While defendants have a world of information regarding plaintiffs at their disposal, plaintiffs have to jump through hoops to get the same information about their own clients.
For example; Defendants have access to the Central Indexing Bureau[CIB], while plaintiffs don't. The CIB provides particulars about plaintiffs prior accidents. Therefore, defendants are given a great advantage in obtaining discovery material and performing the necessary investigation. So if your client lies to you[what else is new] and says he had no priors...you are open to being blindsided and perhaps putting your whole case at risk.
Defendants have access to "medical claims databases" and criminal databases as well. Powerful stuff! Sometimes a smart defendant's attorney will not even reveal what he knows until the plaintiff has dug a ditch for himself by lying at his /her deposition. Sneaky or smart? This unlevel playing field has been in existence forever.....It's about time the plaintiff's bar does something about it!

Short stop cases, seem like they are tougher and tougher to win.

Let's face it, "short stop" bus cases are not "God's Gift" to the plaintiff's bar. The bus companies will not settle them and more likely than not you can expect defendant to file a summary judgment motion. It is not even enough these days to beat the summary judgment motion; Defendants believe they can win at trial and ARE WINNING at trial.
So does that mean don't ever take these cases? Of course not! Just "screen them carefully" from the get go. Look for cases obviously with a fracture or surgery.Look for reported incidents with a witness and/or other injured people. But , most importantly look for an articulate plaintiff. Just like in sidewalk cases, the plaintiff's testimony is ever so important. On a heavy case an accident reconstruction expert should be used.
Moral of the story; Don't take these cases thinking you will get a quick fix and settle.You will not! If you take a case like this expect that you're in for a trial...Therefore, proceed accordingly.

Height of the trial season, trial expenses available.

From now until mid- December the pace ($) is fast and furious. Plenty of trials, plenty of expenses.
Well look no further. We can fund trial expenses on a non-recourse basis.
Contact me; I'll explain.

Does there have to be a heavy impact with significant property damage to support heavy injury?

To me one of the biggest "red herrings " in the personal injury world is "was it a heavy impact, "was there heavy property damage"? The rationale behind these inquiries is if the impact is heavy, it is more likely that there was significant injury. Yes, and easier to sell to a jury. Plus, more likely a carrier will see it as "a real case ".
But at the end of the day, we all recognize that a person can sustain "heavy injuries " from a moderate impact too. Such factors as the host vehicle's speed, weight of the vehicles, slope of roadway, body position, plaintiff's location in the vehicle, prexisting injury, fixed objects within the vehicle and more...need I go on, are highly relevant.
Moral of the story; while property damage is certainly an important factor in all motor vehicle cases, it is not the sole factor!
Keep an open mind.

If you want funding for clients on an infant's case or in some guardianship situations, you must get a Court order allowing for it.

More and more I'll receive inquiries from attorneys on behalf of families of infants[or guardians] who are financially strapped and desperately need funding. With infants, an advance CANNOT be done absent a Court order permitting the funding transaction. In many guardianships there are restrictions on the guardian letters which also require Court approval before the funding is done. The procedure is not all that complicated.
If this situation arises, contact me and I'll be glad to walk you through the procedure.

Pay Attention to what funder your client is seeking funding with; may save a huge headache down the road.

As I am acutely aware, plaintiff's attorneys are overworked, overstressed and of course client funding deals are usually done when time finally permits. I must caution you; the practitioner who tells his client to find a funding company on his own, "and then get back to me", is playing with fire.
There are a lot of companies out there whose rates are so onerous you will curse the day you allowed your client to sign a contract with them.
So make life easy on your client and yourself..... you can rest assured by contacting me , you'll get great , low rates, service 2nd to none and honesty and integrity on every transaction.
Moral of the story; Why mess around with the world of the unknown? Stick with me.

Make sure when Communicating by email with a Client, You save the email; You never know when you might need it.

One of the biggest headaches for "plaintiff's attorneys ", is responding to client inquiries and "requests for status". Some firms copy their clients every time a pleading is served, on correspondence, etc. Some "high-tech" firms actually have their client's file and pleadings available on-line for access by each individual client. Whatever works !
In the old days clients were updated by phone or letter. Smart practitioners always kept copies of their correspondence in their file. Nowadays, a substantial amount of communication with clients is done via email. Everybody has a cell phone and just about everybody has email.
So naturally if a client requests status from you via email, you most likely will provide a status to that particular client via email. Good practice dictates saving that email and/or printing it and placing it in your client correspondence folder.
Remember , the biggest client complaints are neglect and failure to be responsive to clients. Well this way, if Mrs. Jones says she never received a status from you on the case; you have your saved email as dispositive proof of the communication.
Always protect yourself at all times!

You must start Medicare Process immediately after client signs the retainer.

As a point of reference, there is really no way now to sidestep medicare clearance. If you wait until the case settles to start the process; you will be very unhappy with the delay.
Again, the best time to start the process is in the beginning, so you're prepared to move forward once the case settles.
A word to the wise is sufficent!

It's 2010 , Make sure you have a Computerized IOLA Ledger.

In the "old days", no one really kept an IOLA Ledger. You basically kept a running balance, payee, amt. of each check, etc. on the check stubs. Then as a result of an"increased awareness" of Section 9-102, the plaintiff's bar starting keeping an actual written or typed ledger.
Then came computer banking; and at last the advent of the "computerized IOLA ledger". If you're not there now, get set up right away.
No ifs, ands or buts....!

Structued Settlements,Make sure you have your own, experienced Representative when putting together a Structure for a Client.

In the old days, when you settled a case with a structured settlement component, the carrier had their representative contact you, they told you and the client "what was what" and that was it. Things have gotten more complex today YOU MUST HAVE YOUR OWN STRUCTURED SETTLEMENT SPECIALIST ON BOARD WHEN SELECTING AN ANNUITY.
The client's cash flow needs, budget, future medical needs,etc. , are first and foremost concerns which must be protected . An experienced structured settlement broker will guide you through the minefield.
Contact me to discuss .

Toxic Tort Litigation; Frye -Daubert Hearings.

In toxic tort personal injury exposure cases it is not enough to have pulmonologists, epidemiologists, ear , nose and throat experts, toxicologists, life care planners , economists and more. You must , at the outset of the litigation, engage a medical-legal researcher to obtain "all medical,toxicological and scientific studies and peer reviews on the subject toxin and the medical causation to humans. This will allow you to analyze from "the get go" your chances of succeeding on a Frye-Daubert challenge.
To say,"I'll address that later", is putting the cart before the horse. Conceivably, you could spend hundreds of thousands of dollars, do 50 depositions , spend countless man hours, overcome summary judgment motions, but then get knocked out of the box on a Frye -Daubert challenge. Scary stuff!
Do yourself a favor; Do the heavy lifting up-front....BELIEVE ME, THE DEFENDANTS HAVE!

In New York, at the end of the day how many carrier's actually make payment in 21 days pursuant to CPLR Section 5003(a)?

When CPLR Section 5003(a) was enacted I know I got really excited...I presume other members of the plaintiff's bar were pleased as well. The section provided that for non-municipal defendants, the settlement check would have to be sent within 21 days of receipt of the release and settlement documents from plaintiff's counsel. It even provided for a mechanism to enter judgment ex-parte if the payments weren't made in timely compliance with the statute.
So has the statute worked? My honest opinion, no! Let's look at the different scenarios that plaintiff's have had to navigate around to get their settlement monies.
1The statute allows municipal defendants[like the City of New York ] 90 days to pay. As usual, they pay when they want to;
2. NYCTA- never pays on time. Whether it's "we lost your papers", "problems with the affidavit of no liens" or some other reason, they are not the world's fastest payers;
3. FOJP-on malpractice cases they always negotiate a "waiver of 5003(a) at the time of settlement[usually 45 of 90 days];
4. American Transit-habitually tardy.
5Countrywide-don't even go there.
And let's not forget on infant's settlements, wrongful deaths, New York State Liquidation Bureau settlements and now Medicare,.....it can take a year and a day to get your money.Of course a structured settlement always causes delays.
So what defendants[carriers] actually pay your settlement within 21 days? Allstate, State Farm, Geico, Progressive and Met. Life; The same carriers who have always paid on time.
So is the statute useful? You be the judge.

Don't be scared of Federal Court,It won't hurt a bit.

Let's face it, most members of the plaintiff's personal injury bar are much, much, more comfortable in State Court than in Federal Court. I suspect that the main reason is that most personal injury cases are filed in State Court and thus there is a greater familiarity with the rules, evidence, Judges and the general operation of theState Court system. Not to mention "the intimidation factor in appearing before Judges and Magistrates " in Federal Court.
But it doesn't have to be that way. When your case is removed to Federal Court on a diversity issue, you better bone up on your Federal Court procedure or you'll be in deep shi.. You obviously have no choice when filing a Tort Claims Act case.
Additionally, in my opinion certain cases are best filed and prosecuted in Federal Court; Police brutality, class actions, mass torts, deliberate indifference cases and civil rights cases.
So don't be terrified of the words"Federal Court"...do something about it. Take a seminar, CLE, tapes, something, anything... You can do it! Oh, and remember to check out Rule 11.
Good luck!

Avandia cases, plenty of funding available.

Congratulations to those law firms who have resolved their Avandia cases or are about to sign a term sheet. I understand from my sources that it may take 6 to 9 months to pay out. Well, you found the right guy; We have extensive funding available for both attorney and client advances.
Contact me and I'll walk you through the process.

Opening a Law Office, low overhead, low overhead, low overhead.....

If you are thinking about opening a law office, I have some solid advice for you;
1. Keep your overhead down,
2. Have another source of fees other than just contingent personal injury fees,
3. Don't take "bad cases or problematic clients" and
4. **Of course keep a thorough IOLA[Attorney's Trust Account ] ledger..
If you follow this advice and are able to "bring in business, you are 80% there towards a successful practice.
Remember, reasonable rent, easy on the staff, use per diem people for court and depositions and be mindful of your "monthly nut".
Oh, and by the way, never take a case that you're not comfortable handing!

What can you do if your surgeon, who prepared a narrative refuses to testify?

I'm sure we've all had the unpleasant experience of having your surgeon, who also authored your narrative on causation and permanency tell you last minute he is refusing to testify. Makes your day, doesn't it? Well aside from feeling sorry for yourself , there are basically three things you can do to try to extricate yourself from this mess;
1. Request time from the Court to secure a new Dr. to examine and prepare a narrative.You can subpoena in the surgery report of the recalcitrant surgeon. If that doesn't work you can..
2. Subpoena your own doctor and hold him to the contents of the report...or lastly
3. Obtain a Court order and hold him in contempt if he doesn't appear...This option of possibly being led into the courtroom in handcuffs usually does the trick.
I hope this never happens to you; but if it does you know what to do.

Economists, Life Care Planner and Vocational Rehab Experts, no need to wait till you receive a trial date to exchange opinions.

On cases involving significant, life altering type injuries, most attorneys will want to engage an economist,life care planner and even a vocational rehabilitation expert. Great move! The projections/opinions will most certainly give defense counsel and the carrier something to think about , while doubling or even tripling the value of the case.
So why do many attorneys wait until there is a trial date(30 days before) to exchange their opinions. Cost, surprise, decreasing defendants time to " meet the proofs" and of course it's not required earlier , are a few of the reasons you'll hear.
When I practiced, I took the opposite approach. "If you had the goods, show em"! If I had a huge injury(with coverage), I would be busy as a bee...serving reports, supplements, CPLR 3101(d) experts exchanges, narratives, records and anything else I could think of on defense counsel every day if possible. Why? To show the defendants I have the time, energy, money, skill and perseverance to " push the case to the hilt".
I had a case once against Mark Landman involving an Amtrak train derailment where my client underwent 13 procedures. Amtrak removed the case to Federal Court. After defendants conceded liability , I served something new on defendants almost every day . At the end of the case Landman confessed to me that about 3/4's of the way through the case he stopped looking at my daily blasts...
The case settled after defendants refused to consent to a Magistrate to try the case, and I couldn't get a trial date.
Moral of the story, if you got the goods, no need to wait.

At the end of the day, would you rather have a $1.7 million settlement or a $2 million verdict?

There is always much debate about when to settle, should I negotiate, should I take a verdict? At the end of the day you always want to obtain the best result [$ wise] in the shortest amount of time.
So let's compare. On a settlement of $1.7 million before verdict, you get your money immediately, there are no post-trial motions and no appellate costs or delay. Also, no CPLR Section 50 ramifications.
On a verdict of $2 million you have post-trial motions , an appeal and a long, agonizing wait. Not to mention additional costs. Yes, the client will probably get an additional $175,000 to $200,000 in his/her pocket if you are successful....But is it worth the wait to the client? To your firm?
You be the judge.

Let's try mediation at the time of the first preliminary conference.

What a waste of effort, time , resources and clogging of the Court calendar , when you have to do full-blown paper discovery, multiple depositions and engage in dispositive motion practice all over a $10,000 trip and fall accident. There has got to be a better way!
There is actually. At the time when your case comes up for it's first scheduling[preliminary] conference , the parties should be mandated to engage in a 20 minute mediation[carrier's rep on call] to explore early resolution. Granted, some cases may not be ripe for mediation, but many, many more will be. "Nothing ventured, nothing gained".
I think we will be very pleasantly surprised by the results.

It's 2010 get a scanner already, would you?

I'm not saying I'm God's gift to the high tech world. But I'll try my best to stay updated on the latest technology. I't's funny, five years ago if you didn't have voice mail you were archaic. Then if you didn't have email, it was like what are you waiting for....Now , I'm totally amazed when someone says we don't have scanner capabilities. Crazy!
Spend a thousand bucks; make life easy on yourself, your clients, insurance companies and your adversaries....not to mention funders like me. You'll be able to drastically cut down on faxing, paper jams and you will improve your quality of documents and of course your speed in transmission.
You can do it...I know you can.

Post-trial motions; Put your best foot forward.

One of the most excruciating moments for a trial lawyer is at "the moment of reckoning"[i.e. the verdict], when you get hit with a defense verdict, inconsistent or unexpectedly low verdict. Right before your eyes you see all the hard work , money expended , offers turned down etc....pass by. You have to look the client in the eye, console him and somehow assure him the fight is not over. Difficult stuff!
Well, there are two ways to go about things. Feel sorry for yourself and take the easy way out by making a quick oral motion , or "toughen up", request a briefing schedule, order some transcripts and put together the best possible post-trial motion that you and your law man are capable of. This is probably your best chance to address the verdict. You never know; you may even be able to develop some settlement dialogue. If you take your best shot and are unsuccessful, then you can appropriately advise the client that you will not be handling the appeal.
So the next time[hopefully not soon] you have one of these"gutwrenching moments", compose yourself, request to do a motion on the papers, suck it up and live to see another trial!

When funding a significant case, we always want to know who defense counsel is.

Let's face it, when all things are equal as to liability and damages, the particular liability carrier defending a case can greatly influence the value, the point the case settles and even whether a case will ultimately be tried.
Likewise, defense counsel can greatly impact a case. Not only through their skill, doggedness , ability never to leave any stone unturned but also in the way they can act as an obstacle towards settlement. If you've ever dealt with Leahy and Johnson or Landman, Corsi...you will probably go the entire course of the litigation without ever having any direct contact with the carrier. This makes it very difficult to settle a case. These types of firms, not coincidentally, seem to never allow a case to get settled before full -blown multiple ebt's are conducted and the filing of extensive dispositive motions. Is this the way the carrier wants things or just the way defense counsel does it?
So remember ,when we look at a case for the purpose of funding; on similar looking cases, we may assign completely different values depending on who is the liability carrier and what firm is defense counsel.
I'm sure you do to.

In New York if you handle construction accidents, Goldberg Segalla's Labor Law Update is a must read!

For those of you in New York who handle construction-worksite accidents, how would you like to get a quarterly update of all reported "Labor Law " decisions(with commentary)from each Appellate Division Dep't. and the Court of Appeals as well. Well look no further.
If you have not been receiving the "update " from Goldberg Segalla , contact them and request that you be added to their service list. The effort they put into preparing this lengthy newsletter is noteworthy. You really can't do without it .
So the next time a defendant makes a motion for summary judgment on "sole proximate cause", contact me and I'll send you over the latest issue of the "Labor Law Update."
Good luck!

Always, I mean Always, make sure that the driver of the rented vehicle was authorized as driver on rental contract.

You hate to ever learn an expensive lesson. I just witnessed first hand from a funder's point of view, a case that had all the makings of a $5 million case but ended up settling for a shade under a million. Funders were just lucky enough to get out with their investment back.
Here's the scenario. Plaintiff was a passenger in vehicle #2. Vehicle #1, a renta- car[under the old rules] hit vehicle #2. Vehicle #1's driver was highly intoxicated and was actually prosecuted. Plaintiff was in a coma for 3 weeks post-accident and suffered pretty significant TBI. Looks like a great case, right?
Well ordinarily under the old rules it would be. Here's the catch. Defendant driver, the girlfriend of the renter ,was not listed as"a driver" under the rental contract and furthermore she allegedly took the car without permission. The attorney never addressed these two issues until it was too late. Accordingly, the case tanked.
Moral of the story; In any renta-car case, establish that the defenndant driver was a listed driver under the rental contract and don't forget permissive use either. Good luck!

Utilizing the old Notice to Admit.

One of the great unused tools that Article 31 of the CPLR provides for is the Notice to Admit. The Notice to Admit can be used in premises cases to nail down ownership etc., mva cases on license plates etc. and of course in Labor Law cases to establish various elements of your prima facie case. Serious time frames are attached to them and defense counsel usually get "a little bent out of shape " when they are served.
There is even a provision in the CPLR when a party responds with an unreasonable denial. This will give rise to motion practice and possibly costs and sanctions. Plus defendants will know you're playing for real.
So the next time an issue comes up; think about sending a 77 paragraph notice to admit to the defendants.

What do you do if a client agrees to settlement and then renegs?

We've all been down the road to hell, where the client agrees to a large settlement and then refuses to execute a release. Obviously the best thing you can do is to put it "on the record" in open Court and to have the client take the stand and agree to it. Unfortunately, thousands of settlements are not concluded in open Court, but over the phone, via email or at mediation. At a mediation, I would definitely have the client sign the mediation agreement. I'm not ashamed to tell you , when I practiced, I carried a blank release [and retainer] in my bag at all times. You can always pen in the information and substitute a nice "typed version" later on.
So here's the scenario. You have the client's verbal consent to settle a case for $ 3 million. Not only do you get the 3 million; but you get a higher offer to settle from the defense counsel of $5 million. Well I know what I would do...hop in a car, taxi or plane if necessary ,and that night have the client sign the release and all closing documents. Letting the client "think about it" is totally unacceptable.
You can also call the assigned Judge's Chambers and ask to be fit in asap to place a sizable settlement on the record. As soon as you hang up with the client immediately send them an email confirming the settlement.(They have to respond affirmatively via email) Then confirm via email that the settlement is being accepted by the client with the carrier or defense counsel ,or both. Have them countersign the writing.
Then , no matter what time of day, get all the closing documents prepared and let the client know you're on the way to their home to have the release[etc.] signed. Once it is signed, federal express the release, stip. of discontinuance and any hold harmless agreements to the defendants to start the clock ticking under CPLR 5003(a). You're now home free...lost in thoughts about your one third fee, referring attorney, taxes, etc.... Ah, bliss!

What is the thing Plaintiff's Attorneys like doing least?

One gripe I always had about practice is that so much of your time is spent on "non-money making activities". For example, discovery responses, motion practice, 50h's, preliminary conferences, status conferences, client statuses, compliance conferences, and many other parts of litigation, while necessary are not true "money making" activities. How much of one's time is truly spent negotiating settlements, arbitrating, mediating, attending pre-trials or trying cases? A lot less time than you would think.
So what activity "takes the cake" as the least desirable? Compliance conference in the City Part, a 3'oclock Friday afternoon discovery motion, a compliance conference where you know you're going to get reamed for not supplying authorizations....Well you get the point.
To me the worst was the walkin, smelly, drunk client who comes in on a Friday afternoon at 4:30 for a status update. What do you think?

Judicial Handbook on sale for $74.95 from the Law Journal.

Got an email yesterday that the Judicial Handbook, published by the Law Journal is currently on sale for $74.95. In this day and age, with all the information available it certainly can't hurt to know a little about your assigned Judge's background, work history, political affiliations etc.
Definitely good to know if your assigned Judge (on a toxic tort case )was former in-house counsel to Monsanto, etc... Well, you get the point. Anyway, I'm getting it. Will let you know.

Don't Ask For A Reduced Payoff when the Case was Settled for Significant Money.

Every once in a while I will get a call or email from an attorney requesting to negotiate a payoff. The requests fall into 2 general categories;
a. Matters where the recovery was modest and there are multiple liens and
b. Matters where there was "a significant recovery" but the attorney just wants to put more money in the client's pocket.
Because our rates are so low and we assume all the risk, we are reluctant to negotiate at all; but we will in situation (a) above. We don't want to be easy, nor do we want to be an impediment towards resolution.
In situation (b) we will rarely, if ever negotiate. Clients and attorneys have to understand that funding advances are part of the eventual settlement proceeds. So to ask us to take less, just for the sake of taking less, I just don't buy it.
I guess the point I'm making is; "Pick and choose your spots". We will try to do the right thing!

Evaluating a case on appeal for funding purposes.

A growing part of the funding business is providing funding for both attorneys and clients where a plaintiff's verdict was taken and the matter is up on appeal. There is certainly available funding in these circumstances.
Several factors are looked at in evaluating the strength of the verdict which include;
1. The verdict itself; liability, comparative negligence and damages,
2. Amount of available insurance(who is the carrier),
3. Status of post-trial motions;Issues on appeal,
4. Were offers made before the verdict(how much),
5. Has a bond been posted by defendants?
6. Strength of the underlying liability and damages and
7. How long will appellate process take?
These are all pertinent factors considered in evaluating funding for a verdict on appeal.
Contact me if the situation arises for you or your client.
Best to all for the Labor Day holiday.

Civil Rights Cases; To fund there usually must be physical injury.

How many false arrest, false imprisionment, malicious prosecution cases and 42 U.S.C. 1983 cases are filed against the City of New York each year. Hundresds, if not thousands, I'm sure. Whatever the number, a great many do not involve actual physical injury claims. Yes, there are emotional injury and psychiatric injury claims, but the vast majority of those don't even have medical workup.
The City looks at these cases without physical injury or any real psychological workup "as a dime a dozen", unless someone served "real time" with a conviction later being vacated due to prosecutorial misconduct or DNA evidence.(i.e. see The Central Park Joggers Case).
So when your client who was falsely arrested and held for 12 hours in Central Booking comes to you for funding, be conservative, and don't encourage him. The end result will usually be a denial unless there is something really special about the case.
If you have a question/inquiry please contact me.

Refinance your client's funding deals; Do them (and yourself) a favor.

As you may recall, I blogged earlier about refinancing onerous, costly funding deals. You are really doing your client a solid favor if you do.
Real life case in point. Just did a deal where the client had an $850k verdict up on appeal. He owed three funders a total of about $92,000; average rate of the three was about 45% annually. Attorney asked me to consolidate and refinance the rate; which I did at 15% every 6 months, no monthly compounding.
So on our new deal it will cost the claimant around $28,000 per year. Under the old agreements , he would accrue about $45,000 /per year.
You be the judge: Did refinancing make sense? Contact me to discuss options that are available.

If you take a case , don't cut corners.

Being a plaintiff's attorney, you can easily get overwhelmed with stress, volume, time constraints, deadlines, crazy clients and cash-flow problems. Unfortunately, it's usually the client and the case that suffer[ultimately you] if you are unable or refuse to put the resources into a case. After trying cases for 20 yrs and funding for more than 5 yrs, I see day in and day out the stark differences in the workup and presentation of cases. For instance;
1. On a falldown/premises case, a good workup mandates an investigator, good digital color photos of the scene and an engineer;
2. On a motor vehicle accident, certain cases will necessitate a reconstruction expert or biomechanical engineer;
3. Medical malpractice cases require a "real review " from the inception;
4. Products cases-real expert needed and site inspection[see CPLR Section 3102(c) governing pre-suit inspections) and
5. In castostrophic injury cases there is no way to avoid hiring a life care planner, economist, voc. rehab expert and in many cases a photographer to do " a day in the life of".
There is now funding available for all these needs.

Did you know you can read a "code " as part of your direct case?

I remember being on trial about ten (10) years ago on a wrongful death Labor Law case in front of Justice Frederick Sampson in Long Island City. I was having fits trying to get "my arms aound " The Dead Man's Statute . For any of you who have tried a case in front of Justice Sampson you know he is a real stickler on the rules of evidence and understands and enforces compliance through his stern evidentiary rulings. I have seen many an attorney frustrated beyond belief not able to lay the proper evidentiary foundation to even admit photos into evidence.
So anyway, this trial involved an individual who who was using an electric snake at a worksite and due to the frayed condition of the tool, coupled with the owner's failure to maintain a "ground fault circuit interrupter" my client was electrocuted and died. My engineer purchased an exemplar "ground fault circuit interrupter " to display to the jury. Real issues also existed as to whether there were was any conscious pain and suffering at all.
With all these issues facing me, I turned to " Broder's Trial Tactics and Techniques". If you don't have it, get it! Anyway , while trying to really understand the 'Dead Man's Statute ", I came across one of my greatest finds as a trial lawyer; the concept and the legal support which allows you to read a "code section" into evidence as part of your direct case at trial. Yes, Industrial Code 23, The Administrative Code etc. This is done not during jury instructions , but on your direct case.
In my case, frayed power tools constituted a specific Industrial Code 23 violation. So I followed the procedure outlined by Broder. I had a so-ordered subpoena issued for Industrial Code 23 and served it on the law librarian at Sutphin Blvd. Next day ,when the Court asked me to call my next witness, I proudly stood and announced my intention to read the code section to the jury. Over objection by all 3 defense counsel, Jusice Sampson allowed the reading. Standing two feet from the jury I read the appropriate section to them regarding frayed power tools. Great two minutes!
After that trial[which settled with the jury out], I read the code on many other occasions and "tipped off " my good friends on how it worked.
Moral of the story; You can always learn something new.

Attorney Funding; Don't Expect a Rate Less Than 2% Per Month.

For those of you attorneys who are seeking funding on a settled case which for one reason or another will not be paid within the 21 day period prescribed by CPLR Sec. 5003(a), you should be cognizant of three guiding funding principles;
1. If you have judgments against you, liens,IRS issues or very poor credit, most likely funding will be difficult to obtain;
2. Customarily rates will be 2%/month of the amount advanced or sometimes higher, and
3. Funders will normally advance up to about 50% of your net expected fee plus expenses.
Contact me if the need arises and I can walk you through the process.

Binding High Low Arbitration; I Love It!

Moving cases is the name of the game. Yes, there are always certain cases you want to squeeze every dollar out of; but is that the attorney's desire or the client's? I'm not trying to say don't be prepared to try any case you need to, but at the end of the day how many verdicts do you actually take? When I was practicing we usually settled about 200 cases a year. We usually tried 12-15 a year. I always told people that my dad taught me how to try a case and I taught him how to settle one.
Today, everyone is fixated with mediation; JAMS, NAMS, ENDISPUTE, etc...Mediation is terrific. But, if you'll notice mediation is always done when defendants want to do it, not necessarily the plaintiffs. It usually doesn't happen until all ebt's are done, sj motions decided and defense counsel feel they've finally billed enough on the file. That defeats the whole idea of moving cases at an earlier stage.
I believe a system would work where on cases with coverage of 100k or less,( or where parties agree) after service of a bill of particulare [no ebts] the parties submit to a one day binding high low arbitration; parameters set by prior settlement discussions , if any. You'd be surprised. Cases finishing in 9 months instead of 3 yrs. A win , win for all. No Dr's fees!
At the end of the day, would you rather have an 85k result in 9 months or 115k in 3 and a half yrs? You be the judge.

Tough Business, But Still an Excellent Way to Make a Living.

Let's face it , if you went to a Harvard Profesor in their MBA program and said " hey I got this business model for you ; we're going to take cases on a contingency basis , we're going to wait 2-4 years to get our money if we win, we're going to front all expenses and operating costs and if we lose we not only don't get paid, but we lose all expenses that were outlayed. If you asked him if this is a good business model, he'd tell you your crazy. Can't work!
Well I just defined a plaintiff's lawyer's business model for you. Yet despite all the tort reform, anti-lawyer sentiment, the credit crisis , carrier's recalcitrance and a business model that shouldn't work, thousands and thousands of attorneys still practice in the field of personal injury law. The top echelon attorneys are making seven figures. The very fortunate $500k to a million. A large number are making 200k to 400k. Unfortunately, many aren't making it.
But despite all the complaints, there is still plenty of lucrative work out there. But let's be honest; The business is a grind and you work and fight for almost every dollar. Clients are usually no picnic either.
There usually is one consolation at the end of the long hard road towards settlement. When you settle, you're going to get paid!

Medicare Eligible; The Sequel.

As a followup to yesterday's discussion, the process does not end there. After you receive correspondence from Medicare regarding the amount that is being claimed, you are entitled to an itemization of all charges/ payments that were made. That information must then be reviewed by you to determine what charges are related to the injuries claimed in the accident claim that is being pursued.
After determining what charges are "not related", you must provide documentation to Medicare to support your position as to which charges are not reimbursable. Good luck.
Just think; This will eventually become second nature...just like negotiating a worker's compensation lien!

Is Your Client "Medicare Eligible" ?

The first issue you have to address pursuant to the Medicare regulations is whether your client is " medicare eligible", not Medicare Approved. Those who are medicare eligible include:
1. Individuals who are 65 and over,
2. People of any age who have kidney failure or long term kidney disease and
3. People who are permanently disabled and cannot work.
As soon as you start a case for a client who you believe to be "medicare eligible", you should promptly contact "The Coordination of Benefits Program " by calling 800-999-1118 and by pressing the number 4 to report a claim. You can also write to them: (Fax) 734-957-9598.
This will then start the process towards receiving a Medicare Accknowledgment letter and then a letter with " Rights and Responsibilities. Automatically, within 65 days thereafter, you will receive a Conditional Payment Letter.
Sounds confusing? Well it sure is. But these few steps will help get you going in the right direction.

Do You Really Want Us to Send the Check to the Client's Home?

So once the funding deal is reviewed, approved and the contract is signed, it is time to issue the funds ($). There are basically three ways to fund a deal:(we can wire funds in an emergency).
!. Client comes to us and picks up the check in person;
2. We overnight the check to the attorney's office(usually the safest) or
3. We overnight the check to the client's residence . While this appears to be the most hassle-free method (less time dealing with client); at the end of the day , sending the check dierectly to the client can turn into a nightmarish experience. The problems include:
i. Wrong address is given to Federal Express;
ii. No apartment # is listed on the airbill;
iii. Client is not home when the overnight courier arrives;
iv. The building is a multiple dwelling (without a doorman) and courier cannot get access to the apartment, etc........
So what happens? After 20 calls and emails back and forth , a stop-payment is placed on the check, and it is re-issued and overnighted to the attorney. That is why my advice is always to send the funds to the attorney, unless you are 1000% sure the client's address is good and client will be home waiting. I like to also get the client and attorney the tracking # also, so they can monitor the delivery.
Moral of the story; Better to be safe than sorry!

Funding; Send Your Clients in To Sign, Pickup Check and Cash Em, All in One Fell Swoop.

In a busy, or even not so busy law office, helping a client get funding can be time consuming, frustrating and filled with headaches. But it doesn't have to be that way. There's probably nothing worse than when you have a brief due, or opposition papers due or you're prepping for a trial and a client is hassling you over funding.
Give yourself a break. Scan and email me the application and documents . Once the deal is approved I can email[or fax] you the contract. Then, simply sign the attys page and return it to me. You can send the client to us to sign his contract, pick up his check and cash it; yes, all without having to even see your beloved client. We will of course forward you a fully executed contract. Funding doesn't have to be torture!

When is Enough , Enough?

I have nothing but the most profound respect fot plaintiffs' trial lawyers , having been one of the tribe for over twenty (20) years. I rememember this one huge trial I had (6 wks. in Supreme New York) where I was so financially strapped that I ate tuna fish sandwiches, drank instant coffee and water , and schlepped a 75 lb. trial bag to the Courthouse every day for six weeks. I made it! (plus it builds character).
So when you get that "case of a lifetime", you not only want to maximize the results for your clients, but you certainly want to maximize your fees as well. It makes up for all those Allstate threshhold cases and premises cases with"urine, feces, vomit and other dangerous substances " on the stairwell.
But when is enough , enough? We all heard about the recent case where one of New York's premier trial lawyers turned down $8 million, only to be no caused. I'm working on funding a deal now where there is an offer of $10 million; but the attorney wants $12 million. In my opinion there is a very fine line between pushing a little too hard and a little too far and putting the plaintiff's "whole life " at risk.
I gather as experienced trial attorneys you have to trust your gut instincts, examine your relationship with the client, defense counsel and the Court and make the best, most well-informed decision. Not easy! Go get em!

For Funding Purposes, When is a Case Considered Settled?

In the world of funding, a settled case will almost always give rise to a lower funding rate than a non-settled case. Makes perfect sense, since there is now finality and the risk of loss is all but removed from the equation. So what documents will support that the case is settled in a funder's mind;
1. Release-of course;
2. Inf's compromise or Death Compromise-confirming letter from the carrier as to settlement together with a draft of the petition or
3. Statement on the record regarding settlement by counsel, or a
4. Stipulation of Settlement.
Now, I suppose today even an email between counsel, or the defendant's carrier and plaintiff's counsel will suffice.
For all intents and purposes , without any of the above , for funding consideration the matter will not be considered settled.
Contact me with any inquiries.

So What is a Non-Surgical Herniated Disc Really Worth These Days?

So how is a case really valued? Plaintiff's lawyers would like to think that the carrier or defendant values the case based on jury verdict exposure, while throwing litigation costs into the mix. Judges, mediators and arbitrators value cases based on what have long been considered"ranges of accepted values" in particular venues over a long period of time. In reality a distal fracture, lumbar fusion, torn labrum or whatever the injury , is not truly individually valued , but placed into a range of values .
At "the end of the day", it is , and has always been, the carriers who have set the values. The City of New York tells you what they pay on a meniscal tear, no surgery. The New York City Transit Authority "tells you" what a wrist fracture with external pinning is worth. Allstate, State Farm, Geico and American Transit "tell you " what a herniated disc at L5-S1 is worth with "no work loss". The values then become "accepted settlement values" in the litigation community as plaintiffs continue to accept these artificial values.
So what can be done? Try every single case? Not feasible ? Settle every case at the value your offered; not likely. Continue to try to distinguish each of your cases as not falling into this "carrier established valuation". Once in a while even ask, " where did you come up with this value?
So what is the settlement value of a herniated disc at L5-SI ,3 months out of work worth with slight impingement; $7,500, $25,000, $12,500, $45,000.......I don't know....but tell me who the carrier is or defendant, and I'll give you a pretty accurate range.

Attention Attorneys; If you need $ for payroll Friday, Contact Me On Tuesday or Wednesday, Please Not Friday Afternoon at 3.

Let's face it , some times the well runs dry, and the check you were expecting from the City of New York for payroll just didn't come in on time. Well , I can provide you with attorney funding on a settled case in an expedited fashion, at very reasonable rates. All that is needed is a quickie application, release(or some evidence of a confirmed settlement) together with a copy of your retainer agreement. If you have no lurking IRS or a judgment /lien situation it can be done quickly.
Of course, "quickly" is a relative term. If everything is in order funding can be done the same day. If any issues come to the surface , usually a little bit longer.
So the moral of the story is, if you see the need to get attorney funding for payroll, rent, payroll taxes or whatever, submit your funding application a few days in advance....(you can always cancel)..not at 3 p.m on a Friday in mid August.

I Don't Compound Monthly Fees; Most Other Companies Do!

The first question you should ask a funder is," do you compound your fees monthly". If the answer is yes, the deal can end up getting quite expensive for your client. My funding deals DO NOT compound monthly, making the rate that much more attractive!
You should always look at the disclosure table on the contract and see . Remember, the longer a case drags out, the more the client will owe , especially when the interest compounds monthly.

Contact me; I'll show you ways to avoid this pitfall.

Only One Way to Fund the Family on an Infant's Claim; Get a Court Order.

Periodically, I will get calls regarding funding for the parents of an infant claimant. While funding for a parent"s loss of services claim on a very good case is done, the only way to provide funding on an infant's claim is via Court Order. The reasoning is two-fold;
1. Technically no one has authority to encumber the infant's case[see Article 12 of the CPLR] and
2. If monies are advanced against the claim/case, the Judge who ultimately presides over the infant's compromise order may simply deny the funding repayment. Then the funder is stuck.
The answer, proceed via ex-parte order with a supporting attorney's affirmation and parent's affidavit seeking judicial consent to a prospective funding transaction. Once approved , the order can be sent to the funder and attached as an exhibit to the funding agreement. Everyone is covered!
Most importantly the family receives desperately needed funds and the the Judge who ultimately presides over the compromise will be bound by the order permitting funding.

Should Pre-suit Mediation Be Mandatory ?

Several states, including a very litigious state, Florida, have a whole system in place to try to resolve cases pre-suit. Demand letters to carriers, waiting periods and even mediations are held pre-suit in an effort to try "to move cases " in the claim stage. Is it working? My gut says it is. I can tell you one thing; more cases are being settled in Florida pre-suit than in New York.
Let me give you a little historical overview. When I graduated from law school in 1984(admitted in N.Y. in 1985) "everything " was being negotiated and settled in claim. Basically if you didn't like the offer you filed suit. There was actually an unwritten rule that you would try to settle with the claims-person before filing suit. The carrier's rep. would actually get pissed off at you if you didn't call first before filing. I can remember dozens of conversations where I was told" mark the case settled at $7500 and send me meds with the release".
I believe a multitude of factors have eroded this once great process which include:
1. Adjusters no longer having individual authority like the "old days";
2. Defense counsel have become an impediment to settling so they can bill, bill an bill some more;
3. Renegade caarriers like Allstate have" buttoned down the hatches ";
4. Carriers starting requesting pre-suit mri reviews and IME's;
5. Medical malpractice consent clauses have prohibited settlement;
6. The City of New York and the NYCTA used to settle much more frequently and of course
7. Every mva case without a confirmed fracture is a "fight to the death" on threshhold.
So what is the moral of the story here; bring back mandated pre-suit settlement procedures on cases with values under $100,000. Plaintiff's counsel will be happy, clients will be happy, the Courts will be happy, the carriers will be happy...and oh yeah, Defense Counsel will unfortunately be miserable.

Trials Just Around the Corner; Get Your Funding, Get Your Funding.

With Labor Day four weeks away, the kids return to school in September and the start of the Fall trial session, it is time to start thinking about funding these cases and planning ahead. Attorney's funding, client funding and funding for litigation costs/expenses can certainly ease the stress of a "dry summer" and satisfy the immediate need for a cash infusion to keep things going.
Whether you're looking forward to another month of vacation/reduced Court schedule or whatever, or if you're chomping at the bit to pick a jury on September 14th on the biggest case in your office; funding at low, reasonable rates may help you "hold the fort" until your ship comes home.

Stuctured Settlemements Are Not For Everyone.

For the past five years I have originated funding transactions and have worked with trial lawyers nationwide. Before that, I tried cases for 20 yrs. So based upon 25 years of my interaction with attorneys, clients and insurance carriers, I have come to one clear, unwavering conclusion; structured settlements are not for everyone.
We all know why "structures are pushed";
1. Judges push them to "protect the plaintiff";
2. Attorneys use them to beef up a settlement, because a carrier proposes it, because some lawyers actually care about the client's financial well-being after the settlement and for a variety of other reasons and
3. Carriers use them for the obvious financial reason; i.e. Allstate Life Insurance Company issuing an annuity for Allstate Property and Casualty is a "paper transaction" where the money($) stays in the Allstate Family earning untold amounts of interest.
Yes, structured settlements are good in certain situations; a brain damaged baby case, an infant with severe life-altering injuries, young children who are distributees in a significant wrongful death case and victims of disabling traumatic brain injuries.
But even in the most appropriate cases, the amount of money placed into the structure must be balanced with the amount of" upfront cash" going to the client or familiy. Otherwise, the client buys a house, runs out of money, and then not even a year post-settlement the client is looking to sell a payment or stream of payments from the annuity(These transactions require Court approval pursuant to the GOL).
A structure is not appropriate for settlements under $50,000, or where 80% of the money is put into a structure and 20 % is paid as upfront cash. I grimace when I see the first payment under an annuity contract coming due 10 years or more after a settlement....I guarantee you no one , unless financially secure independent of the annuity ,can hold out for the first payment. And then there's those hard- headed, stubborn, recalcitrant clients who "just want their money and want it now"! Nothing you can do about it.
So the moral of this story is; Don't push a structure for the sake of pushing a structure; Remember they are not for everyone.

Using the Big Apple Map to Make Out Constructive Notice Against Landowner.

Let's face it ; In a perfect world on a case against a property owner relating to a trip and fall accident on "their sidewalk", an investigator's report, good color photos, an engineer's on site inspection and an affidavit from a notice witness will usually get you to the "promised land". But when all else fails or to supplement your other proofs, a positive "Big Apple Map" for the same defect ,introduced at trial will usually get you to the jury on your constructive notice theory.
It doesn't matter that the City is not a party. One of my customers recently used the map at trial in conjunction with photos to secure a plaintiff's verdict against Penn Plaza.
Hopefully this will aid you in the future, and it will also go a long way towards securing funding if requested.