Lawsuits

I am so happy that we have no lawyers in our lives anymore. It is never good when you have lawyers on your cell phone’s recent call list.

Mark and Marianne are beginning the process after his serious auto accident in Oregon. We talked recently about how law, like medicine, moves at a snail's pace. Can’t fight it. Just is.

Their case will never go to trial but the lawyers are going to want to depose both Mark and the driver then play, “Let’s Make a Deal.” He says he wants his medical expenses covered and reimbursement for his loss of income. There is also a concern over possible long-term affect from the accident like headaches.

The process is beginning. I shared with them what I have learned:

• In a deposition, I thought it was your chance to get your side of the story on the record for the judge to read. What I learned is that you expose your hand to the other side in doing so. The smartest of people answer yes or no in a deposition. If one has to answer a question, do not elaborate; simply state the fact in a sentence. No long explanations.

• I also learned never to answer in a sarcastic manner. Everything is written down, not recorded. Example: “Yeah, right” said in a sarcastic manner appears on the record as “Yeah, right,” as in, “You are correct.” Bad.

• I realized about half way through the process that I was the meat they were fighting over. Who I was and my story were secondary. It is not personal. It is business. Keep emotions out if it. It only makes you say something that you really don’t want on the record.

In his case, Mark will do well in a deposition, as he has no memory of the accident or the following four days. They will still try to get him to “guess” how he would have reacted to something but his lawyer should shut down that line of questioning.

Last week, I suggested to Marianne that it would be wise to begin several lists on their computer:

1. List of all out-of-pocket expenses – co-payments, etc.
2. List of all physicians and hospitals, their names and addresses
3. List of which doctors he saw on what date and what was discussed.
4. List of medications and when he began or ended taking them.

It is funny how quickly it all becomes confused.

One of the reasons I was able to negotiate a settlement is that I had kept amazing records. I encourage anyone with a major disease to try to update their medical history. I still keep a list of my medical costs for my taxes, medications and doctor's visits.

So, Mark and Marianne begin. It is a process that moves at its own slow pace. I predict that they will settle in about two years. We’ll see.