Vegas Litigator

So, last night my wife, Ondine Darcyl, got an email that she and her music were featured in a blog about jazz. It’s so great to see Ondine get the recognition she deserves.  It’s also great to know that more people might find her music at CD Baby where they listen to samples and buy her CD.

This is Ondine Darcyl’s first CD which was released a few years back.  In that CD she sings several Jazz standards in English, French, Spanish and Portuguese. She picked the collection of songs based on what she likes – she knows that if she likes something others will as well.

Ondine Darcyl is currently working on a children’s CD as well as a CD of her own original music.  She can be found on facebook.com, youtube.com, myspace.com, twitter.com and reverbnation.com (where you can find links to listen to and download Ondine’s music).

Enjoy!

My next Trial starts next week.  I am representing a victim of a personal injury accident who was injured when a grocery store employee struck my client in the ankle with a row of shopping carts.  As a result, my client was injured and, eventually, needed surgery to repair his ankle.

This case is ready to go.  

The Exhibit books are all printed with the exception of some minor changes I will be coordinating with Defense Counsel. My outline is all set and my client has been prepared, although we may meet again before he testifies just to make sure he is comfortable on the stand.

I know that I need to be fully prepared when I represent clients in personal injury lawsuits.  

The insurance defense industry has spent billions on its campaign to fend off legitimate lawsuits such as this one.  They are willing to spread mis-information in an attempt to harm all those already hurt by their insureds in injury accidents.  So, I must be careful in picking a Jury that has not been infected with this Defense oriented bias.

 Once the Jury is picked, I have to present my case in a concise and efficient manner while giving them all of the facts.  Not side of the case consists of medical and wage loss records as well as the testimony from my client and two of his treating physicians.  In addition to the normal preparation, we do not have sufficient Court Rooms in our Clark County, Nevada District Courthouse to allow the Judges to have their own Court Rooms.  That leaves us having to use partial days for Trial and makes it more difficult to coordinate the testimony of the various parties – especially doctors who have their own busy schedules caring for their patients.

 I’m nearly ready and, although I always feel as if something is missing, will be ready to start Trial on Monday.

Several years ago, Clark County District Court initiated the Medical Malpractice Sweeps with the intent to keep these cases on track and resolved as quickly as possible.  I have one Med-Mal case which means I have to attend the Sweeps every so often.  I’m sitting in Sweeps today.

There are, or will be, dozens of attorneys here this morning along with three Judges and the Discovery Commissioner. The same thing will happen in the afternoon session. For some reason, defense lawyers sit up front and get table while we plaintiffs’ lawyers sit in the and, in “pews”….maybe because we have to be true believers to represent our injured clients.

Just checked the schedule and I’m on page 4 of 11.  Since the schedule should be done by noon (three hours), I figure I’ll be here till 10:00 or so.  Basically, we’re here to advise the Court that we need some more time to get a couple of Depositions done and try and resolve some issues.  Maybe we can get the case to settle once that is done.  We’ll be asking for a Trial date about a year from now. After we talk to he Judges, we will see the Discovery Commissioner, Bonnie Bulla, who is always helpful in moving cases forward while not interfering with the attorneys need to prosecute their cases.

Well….my most recent Short Trial was held today. As I’ve said, it involved two accidents in June and September, 2008.  The Defendant in the first accident contested liability – saying he never struck my client who was walking across the street with a green light.  The Defendant in the second accident admitted fault, but contested damages.

The Jury found in my client’s favor and awarded him damages against both Defendants, but less than he was awarded by the Arbitrator. We’ve still got post Trial Motions to be filed and heard, and it will be a little confusing what with the two accidents, Pre-Trial offers and Arbitration Rules regarding Requests for Trial De Novo.  But, let’s not discuss the technical aspects.

The Trial went smoothly.  No objections until the end when there were some issues regarding the Verdict Form, which while a bit complex, was properly competed by the Jury.

So, now I’m home enjoying a little hot apple cider by a fire with my wife.  Not a bad way to end the day.