Preparing for a workers compensation trial

We have litigated Tennessee workers compensation cases for about twenty (20) years now. Over this time period I have tried many different methods to make sure the court understands my client’s case. I have found some methods work better than others but more importantly I have learned that there is no exact formula or magic bullet. Every case is different, every client is different and every Judge is different. However, there are a few general rules I recommend. Over the next few weeks I will discuss a few of my rules.

As a starter, we need to pick the witnesses who will best present our client’s problems. I have found over time that judges and jury are less receptive to people complaining about their own problems. I believe it is more important for the injured employee to discuss how they have changed their life to beat the limitations of their injury. Even thought that may not be able to perform many of the activities they did before the injury they can discuss how they still try, how they modify their life, that they are not giving up. I believe neighbors, co-workers and relatives are often better equipped to discuss the heartaches and setbacks that the injured worker has endured. I don’t know why but it seems that we are more receptive to someone else describing a person’s problems than the victim describing their own problems. Finally, if you can have someone in addition to a spouse describe the problem I think you are better off. Everyone expects a husband or wife to support their spouse so the testimony is really no big surprise. However, a co-worker has much more of an impact. They have nothing to gain or loose and in fact it can often be seen as a risk for them to testify.

If you have questions about a Tennessee Work Comp claim feel free to give me or one of our lawyers a call.

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