plaintiff's personal injury

246 Pages·2013·3.69 MB·English

by  Steve Thornton

PLAINTIFF’S PERSONAL INJURY
Program Materials 2013

CO-SPONSORS:
General Practice & Trial Law Section, State Bar of Georgia
Institute of Continuing Legal Education in Georgia
Copyright © 2013 by the Institute of Continuing Legal Education in Georgia. All
rights reserved. Printed in the United States of America. No part of this publication
may be reproduced, stored in a retrieval system, or transmitted in any form by any
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prior written permission of ICLE.
The Institute of Continuing Legal Education in Georgia’s publications are intended
to provide current and accurate information on designated subject matter. They are
offered as an aid to maintaining professional competence with the understanding
that the publisher is not rendering legal, accounting or other professional advice.
Attorneys using ICLE publications should also research original and current sources
of authority.
ICLE gratefully acknowledges the efforts of the faculty in the preparation of this
publication and the presentation of information on their designated subjects at the
seminar. The opinions expressed by the faculty in their papers and presentations are
their own and do not necessarily refl ect the opinions of the Institute of Continuing
Legal Education in Georgia, its offi cers or employees.
The Institute of Continuing Legal Education in Georgia (ICLE) is the not-for-profi t
educational service of the State Bar of Georgia and is a consortium of the Bar and
the Law Schools of the Universities of Georgia, Emory, Mercer, Georgia State and
John Marshall. It is fully self-supporting and receives all of its income from tuition
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improvement of CLE products and services.
Printed by
Institute of Continuing Legal Education in Georgia • P.O. Box 1885 • Athens, Georgia 30603-1885
Publication No.
138211
iii
FOREWORD
The Institute is especially grateful to our outstanding Seminar Chairperson, Douglas C.
Dumont, for providing the necessary leadership, organization and supervision that has
brought this program into a reality. Indeed a debt of gratitude is particularly due our
articulate and knowledgeable faculty without whose untiring efforts and dedication in
the preparation of papers and in appearing on the program as speakers, this program
would not have been possible. Their names are listed on the program at page iv of this
book and their contributions to the success of this seminar are immeasurable.
I would be remiss if I did not extend a special thanks to each of you who are attending
this seminar and for whom the program was planned. All of us hope your attendance
will be most benefi cial as well as enjoyable. Your comments and suggestions are always
welcome.

March, 2013 Lawrence F. Jones
Executive Director
Institute of Continuing Legal
Education in Georgia
iv
PROGRAM

Presiding: Douglas C. Dumont, Program Chair, Warshauer Law Group, P.C., Atlanta
8:15 REGISTRATION AND 1:00 WAYS TO MAXIMIZE YOUR
CONTINENTAL BREAKFAST (All RECOVERY – BAD FAITH AND
attendees must check in upon arrival. ABUSIVE LITIGATION
A jacket or sweater is recommended.) Charlotte K. Perrell, Perrell & Wright,
LLC, Atlanta
8:55 INTRODUCTION AND PROGRAM
OVERVIEW 1:35 CASE SELECTION – A STOOL
Douglas C. Dumont MUST HAVE 3 LEGS TO STAND
Douglas C. Dumont
9:00 DEMONSTRATING
DEMONSTRATIVE EVIDENCE 2:10 HOW TO STRIKE A BAD-ASS
Steve R. Thornton, Thornton Law Firm, JURY
P.C., Atlanta Jenny E. Jensen, Jones Jensen & Harris,
Norcross
9:30 CAN I SUE THE GOVERNMENT:
ISSUE SPOTTING POTENTIAL 2:45 BREAK
CLAIMS AGAINST GEORGIA
MUNICIPALITIES AND 3:00 5 WAYS PLAINTIFFS TORPEDO
COUNTIES THEIR CASE
Steven Salcedo, Law Offi ces of Steven Douglas K. Burrell, Drew, Eckl &
Salcedo, LLC, Decatur Farnham, Atlanta

10:00 WORKER’S COMP AND 3:30 REPRESENTING VICTIMS OF
COORDINATING THIRD PARTY CRIMINAL ACTS
CLAIMS Andy T. Rogers, Deitch & Rogers, LLC,
Laura Reis, Reis Law, LLC, Atlanta Atlanta

10:30 BREAK 4:00 THIRD PARTY CLAIMS – Everyone
WINS!
10:45 THE NEW GEORGIA EVIDENCE Michael J. Warshauer, Warshauer Law
CODE Group, P.C., Atlanta
Parag Shah, The Shah Law Firm,
Atlanta 4:30 ADJOURN
11:20 HOW TO BE ETHICAL AND
AVOID MALPRACTICE
David N. Lefkowitz, The Lefkowitz
Firm, LLC, Atlanta

12:00 LUNCH (Included in registration fee)
v
Table of Contents
Page Chapter
Foreword .................................................................................................................................... iii
Program Schedule ..................................................................................................................... iv
Creating and Presenting Effective Demonstrative Evidence at Trial ............................. 1–8 01
Steven R. Thornton
Workers Compensation and the
Coordination of Third Party Claims .................................................................................... 1–7 02
Laura C. Reis
The New Georgia Evidence Code
Numbers a Plaintiff’s Personal Injury Attorney Should Know .................................... 1–76 03
Parag Y. Shah
How to Be Ethical and Avoid Malpractice ....................................................................... 1–14 04
David N. Lefkowitz
Making Your Client Whole:
Getting Your Fees for Bad Faith and Abusive Litigation ............................................... 1–13 05
Charlotte B. Perrell
Identifying Valid Claims –
It Takes All Three Legs for the Stool to Stand .................................................................... 1–8 06
Douglas C. Dumont
How to Strike a Friendly Jury
Voir Dire and Jury Selection ............................................................................................... 1–14 07
Jenny E. Jensen
Five Ways Plaintiffs Torpedo Their Cases .......................................................................... 1–5 08
Douglas K. Burrell
Representing Victims of Criminal Acts
Apportionment in 2013 ....................................................................................................... 1–25 09
Andrew T. Rogers
Maximizing Recovery Beyond Workers’ Compensation ............................................... 1–28 10
Michael J. Warshauer
Appendix:
The Institute of Continuing Legal Education in Georgia ..................................................... 1
ICLE Information ...................................................................................................................... 4
Errata Sheet ................................................................................................................................. 5
PLAINTIFF’S PERSONAL INJURY
CREATING AND PRESENTING
EFFECTIVE DEMONSTRATIVE EVIDENCE AT TRIAL
Steven R. Thornton
Thornton Law Firm, P.C.
Atlanta, Georgia
CREATING AND PRESENTATING EFFECTIVE
DEMONSTRATIVE EVIDENCE AT TRIAL

ICLE Seminar: Plaintiff’s Personal Injury
March 29, 2013

Steven R. Thornton
Thornton Law Firm, P.C.
Two Ravinia Drive, Suite 500
Atlanta, Georgia 30346
678.855.7148