Traut's Top Ten Ways to Ruin Cases
Part 1:  Clients

Over the years, the Traut Firm has seen the conduct of clients, attorneys, and doctors limit the client’s ultimate recovery or ruin the case entirely.  During the months of February, March and April we will be presenting a “top ten” list for each category:  Clients, Attorneys and Doctors. 

And now, the top ten ways a client can ruin a case:

1. Fails to provide complete medical/claim/accident history.  Defense attorney runs an index report, subpoenas records, then impeaches plaintiff on cross examination.
    
2. Denies prior pain or problems in injured body parts during deposition and then is later impeached with records.  Client should answer “not that I recall” even when he or she has the urge to deny.  That way if he or she innocently forgot a prior problem, they will not be impeached as having denied it.
    
3. Exaggerates or amplifies complaints (i.e., describes pain as a “9 out of 10”) when he or she has a soft tissue strain.
    
4. Exaggerates effect of injuries on life (i.e., plaintiff says “can’t lift more than 5 lbs.” or “can’t sit more than 15 minutes”, yet seems to be sitting through the deposition without problem for a couple of hours.
    
5. Does not first attempt to obtain some treatment via their HMO, and seeks an attorney referral first.
    
6. Fails to follow treatment plan of doctor or therapist, resulting in a jury instruction of “Failure to Mitigate Damages.”  Fails to perform recommended home exercises.
    
7. Takes time off work without a doctor suggesting a period of disability or providing an “off-work slip.”
    
8. Demands to be reimbursed for incidentals that give the perception that he or she is greedy which may take the focus off the larger recoverable damages (i.e., mileage to and from the doctor, broken sunglasses, or torn/damaged clothing).
    
9. Gets angry or overly defensive during the deposition or trial.
    
10. Writes or describes a “history” of how the accident occurred in medical records that is inconsistent with how it is described in a deposition or other writings.

Stay tuned next month for the top ten ways an attorney can ruin a case!

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