Author:Alan Pershing

Evaluating &
Settling Soft
Tissue Cases

If you’re going to make one change in 2019, it should be in evaluating settling your soft tissue cases.  Attorneys have been telling us for years, “I know what soft tissue cases are worth.”  What you really know is how much you’ve been settling them for. If you looked at settlements from thousands of your peers and saw the numbers were significantly different than yours, wouldn’t you want to make a change?  For plaintiff’s counsel, this could create a huge difference to your bottom line in 2019.

When Medical
Bills Aren’t The
Primary Value Driver

Conventional wisdom suggests a reasonable settlement reflects a certain ratio of medical bills to the resolution amount.  Often we hear comments such as, “No one could’ve predicted that the the jury would’ve given him 17 times the meds.” As part of our daily negotiations, attorneys, adjusters and mediators ask, “What are the meds so far?”  This is often a starting point for negotiation and perhaps rightfully so in cases with relatively common injuries and treatment, but how do we evaluate a wide variety of cases with very low special damages?

How Plaintiff’s Attorneys
Use CaseMetrix

  When you’re deciding whether to take a particular case, let CaseMetrix take a look at the facts so you & your potential client will have the most objective view possible in determining whether to pursue the case at all. If we see a number of...

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Georgia’s Direct
Action Statute

Jeff Shiver and Alan Hamilton
Shiver Hamilton
Atlanta, GA


Though it has been around for decades, many lawyers are unfamiliar with Georgia’s Direct Action Statute. Georgia’s Direct Action Statute (“DAS”) allows plaintiffs to name the insurance company as a party defendant in the case and have the insurance company listed on all pleadings including the verdict form and judgment. The DAS “establishes an independent cause of action against the carrier’s insurer on behalf of a member of the public injured by the carrier’s negligence.” Glenn McClendon Trucking Co. v. Williams, 183 Ga. App. 508–509 (1987).

How Defense Attorneys
Use CaseMetrix

I was an insurance defense paralegal for most of my 27 years working in law firms.  My least favorite part of the job was ghostwriting those 30, 60 and 90-day reports telling insurers what I thought a jury would say in 3 years if we...

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The History
of CaseMetrix –
Part 2

Exactly how do you start a legal database company?   I had no idea.   I was proofing a brief in my car at St. Pius while waiting to pick up Merricks from track practice when I received an email from a stranger named Alan Pershing.  He said he...

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Stroke Misdiagnosis in
the Emergency Room

Sean Domnick and Nicole Kruegel
Domnick Cunningham & Whalen
Palm Beach Garden, FL


Stroke cases are some of the most complicated and expensive cases to pursue, but they often begin with a similar story: A loved one started acting strangely. 911 is called and they are taken to an emergency room.  The emergency room doctor decides, without doing a full workup, that nothing is wrong, and leaves the patient alone in a room for hours.  Then, hours or days later, it is discovered that the patient had actually had a stroke, but because of the delay in diagnosis, no treatment is possible to reverse its effects.

The History
of CaseMetrix –
Part I

In the Beginning…. By way of background, I was a Paralegal for 27 years, starting in the Insurance Defense arena in North Carolina back in 1982 after earning a degree in “Paralegalism”.  The profession was quite new at the time and most people had no idea...

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Why Case Entry is
Important for
Your Firm

Michael A. Haggard, Esq.
The Haggard Law Firm
Coral Gables, FL


I can’t impress upon attorneys enough the importance of entering your settlements and verdicts into the CaseMetrix database.  This information is helpful to everyone in the network who is evaluating cases and then using the data in their negotiations to achieve the best settlements possible for their clients.  If you’re not a member of CaseMetrix, I encourage you to join.

How Med Mal
Use CaseMetrix

We have a number of medical malpractice attorneys, both plaintiff and defense, in the CaseMetrix network and they frequently utilize the data in our existing motor vehicle, trucking and premises liability databases to argue the value of an injury or even a death arising out...

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