• Voting for Judges It’s weird that we vote for judges.  It seems like they should be appointed.  But they aren’t in Washington.  A lot of people ask me for whom they should vote.  Here are the candidates for whom I voted and why:

  • Medical Malpractice  For some reason my family prefaces just about everything with: Do you want the good news or the bad news?  I always chose the bad news. So, I’m going to start with the bad news here.

  • MTBI and Suicide Concussions are also known as minor traumatic brain injuries (MTBIs).  In a lot of cases there’s neuropsychological testing and testimony from experts on both sides about whether our client is back to baseline or still has residuals.  

  • Mediation—Top 10 List Mediation is a facilitated settlement negotiation.  Most courts require that cases be mediated before they are tried.  Mediation doesn’t happen in every case.  But it happens in most.

  • Post-Traumatic Tinnitus Tinnitus is noise or ringing in the ears. Some of our clients call it “noise trauma.”  Tinnitus isn’t a condition itself — it’s a symptom of an underlying disease or injury.

  • Sex Trafficking – Layers of Accountability A lot of people thought that prostitution was a victimless crime.  But the curtain has been pulled back.  It’s apparent now that most prostitutes are victims of sex trafficking.   And there’s a grotesque underbelly that involves children (that can hardly be characterized as prostitutes).

  • Cutting Corners and the Coronavirus We’re handling COVID-19 cases against Life Care Center and Holland America.  These cases are a natural extension of our work representing cruise line passengers and nursing home residents.  And we have defendant’s dead to rights.  

  • The Value of Human Life How much is a human life worth?  It’s a question that’s asked in every wrongful death case.  It’s also a question that’s asked when proposed regulations are evaluated.  The government weighs the cost of implementing the proposed regulation and the value of the lives it will save.

  • Bed Rail – One Size Doesn’t Fit All This is the latest in our series about nursing homes.   We’ve covered dehydration, medication errors and falls. This installment talks about the hazards posed by bed rails. 


  • What is “Opening the Policy?” Drivers purchase $X amount of insurance. Usually $X is the most that injured people can (practically) recover.  But there are some situations where the insurance company makes a mis-step and the policy is “opened.”

  • Rules of Evidence Do Not Apply I’ve spent the last 30 years weighed down by the rules of evidence.  They’ve stifled the way I think about presenting our client’s cases.

  • Enter the PM&R Doctor You get hurt in a car wreck. You see the chiropractor for three months. The manipulations provide some temporary relief but aren’t solving the problem. 




  • Client at Trial Historically we have had clients attend almost every day of trial.  Clients are curious and want to see the whole proceeding.  Over the course of the last couple of years, my thinking on client attendance has changed.

  • Abuse of Vulnerable Adults Act We’re continuing our series about nursing homes.  Over the last few weeks we’ve written about falls, medication errors and dehydration in nursing homes.

  • Dehydration in Nursing Homes We’re continuing our series of newsletters with information about nursing homes.  Our last two newsletters focused on falls and medication errors in nursing homes.

  • The Rolling Stones It’s not written anywhere.  But trade groups (AAJ, WSAJ, etc.) try to make everyone believe that trial work is the highest calling for any personal injury attorney.

  • Medication Errors We’re continuing our series of newsletters with information about nursing homes.  Last week we wrote about falls in nursing homes and explained why over 90 percent of falls at nursing homes should never happen.

  • Make Friends with the Problems We spend a lot of time learning our client’s stories.  We do that so we can figure out what parts of the case to highlight.

  • Mistakes and Checklists I’ve been riding my bike to work just about every day the last couple of months.  (Yes, I consider helping injured people an “essential” service.) I have a pretty specific routine.  It includes the order I put on my cycling clothes, getting my bike ready, etc.



  • Nursing Homes and COVID-19 Residents in nursing homes are at a high risk of being affected by COVID-19.  COVID-19 is going to consume a huge amount of resources within nursing homes.

  • Money It’s on everyone’s mind.  But a lot of people are shy about discussing it.  Not us.  This newsletter is all about money.

  • Maybe I’ll do it myself I received a call last week.  It was from a guy I knew pretty well.  He and I had talked five or six times over the past three years about a variety of things related to the motorcycle community.  But he never brought up a wreck.


  • The Black Swan We hear a lot about the “Black Swan” in the context of the stock market.The Black Swan metaphor refers to an event that comes as a surprise and has a major impact.

  • UIM Coverage and Why It’s Important We received a call this week.  A woman was on the phone.  Her husband had been involved in a bad wreck.  The at-fault driver had a $50,000 policy.  She and her husband had a $100,000 policy on the motorcycle.


  • Trial Attorneys A lot of personal injury attorneys call themselves “trial attorneys”.  But not very many of them try cases.  Why?  They’re scared or they have financial problems and have to settle their cases.  Not us.