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Alternative Dispute Resolution
that created the unsafe condition or allowed the unsafe condition to exist. This formula has no self-imposed limitations – only potential.
Similarly, a damages presentation with only potential and no self-imposed limitations based upon a medical expense number seems to be a developing trend.
From a practical presentation perspective, reading a medical deposition transcript about a list of medical expenses as being reasonable, necessary, and causally connected to the matter in question may not be as compelling story-telling fodder as photographs, videos, recreation demonstrations, etc.
From the defense perspective, knowledge can be power and can be useful in the right hands.
In mediation, counsel for the plaintiff and counsel for the defendant should provide the neutral the information that is necessary for the parties to engage in a meaningful discussion that cuts through narratives of the advocates.
Marc Harwell is a partner with Harwell & Hurst PLLC in Chattanooga, TN. Contact him at: marc@harwelllawgroup.com.
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FDCC ANNUAL INSIGHTS 2023