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Of tax returns and second chances.

Publication: Trial
Publication Date: 01-JUL-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Insurance companies have spent millions on a public relations campaign claiming that all minor-impact soft-tissue (MIST) cases are fraudulent, all plaintiffs are liars, and all trial lawyers are dishonest. As a result, juries frequently give grossly inadequate awards in MIST cases, such as for chronic spinal pain resulting from a rear-end collision. Counting on juror suspicion of these cases, insurers make lowball settlement offers that don't come close to fully compensating the injured person.

And sometimes, they pay for that.

In one classic MIST case, my client was "Alison," a 39-year-old farmer's wife and independent home health care provider. In 1998, she was involved in a motor vehicle collision, incurred soft-tissue injuries, and retained my firm. After an inadequate...

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