Home -> Law Blog Directory -> Personal Injury Law Blogs -> San Antonio Personal Injury Lawyer

Personal Injury Law

: San Antonio Personal Injury Lawyer

The Dirty Dozen Traps in Tort Law

By Beth Janicek

As I was going through my mail today I came across our Subpoena Newsletter generated from the local San Antonio Bar Association. I found some interesting facts and reminders to share regarding "the dirty dozen traps in tort law":

1. Do not settle with a third party defendant without prior written consent from the UIM carrier:

2. Do not forget to ask your client the dirty questions;

3. Do not forget to ask your prospective experts the dirty questions;

4. Do not forget to properly authenticate your evidence;

5. Do not fail to timely assert your Daubert/Robinson/Gammill objections;

6. Do not forget to timely file your medical malpractice experts' CV's and expert reports (something that will only happen once);

7. Do not forget to exercise due diligence in service of process before the statute of limitations expires;

8. Do not assume ordinary care is the standard which applies to all medical malpractice claims;

9. Do not forget to timely designate responsible third parties and do not forget to timely respond to the designation of responsible third parties;

10. Do not miss your deadlines;

11. Do not fail to timely provide your client all offers of settlement;

12. Do not think that a non-suit will buy you an additional 120-days to file and serve expert reports in medical malpractice claims.

As practicing attorneys, we are all well aware of these traps in tort law, but just a friendly reminder.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on August 06, 2008 (boomark / email).