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Myers & company

Snowflakes And The Aftermath

“Concussions are like snowflakes.” I’ve heard a couple of doctors use this explanation.

Penicillin

This newsletter has both nothing and everything to do with penicillin.

Altimeters And Treatment Expenses

We have an altimeter at our cabin.

Reflections On Mediation

Mediation is a facilitated settlement negotiation.

Cars

About five months after getting hit by a valet driver I was able to pick up my car today. It’s nice to have it back. But what a hassle.

Thirty Years in the Saddle

And just like that it’s been 30 years since I started practicing law.

Sudden Medical Emergency Doctrine

People who cause wrecks have all sorts of excuses for why they’re not responsible.

Kids and the Law

We’re on winter break. A lot of concentrated time with the kids.

Photos Lie

With the advent of cameras in phones, photos are a much bigger part of our practice. Particularly premises liability cases.

Small Things Make a Big Difference

Most stories have a theme:

Fate v. Free Will, Good v. Evil, Man v. Nature

Rich, Woke And Un-Repaired

There was a really interesting piece in the paper. It was about Tesla stock price. But it went deeper in terms of what it means to own a Tesla.

The Pen Is Mightier Than The Sword

Not many First Amendment cases get filed. The vast majority—maybe 99 percent—get dismissed.

Pinewood Derby

Even though I’ve been doing this a long time there are some things about every case that feel new. I think that’s because every person is a little bit different, and every case is a little bit different.

Ice Water Results

Last week I wrote about the Hot-Cold Empathy Gap (HCEG).

Risk Tolerance Redux

Back in March 2021 we sent out a newsletter entitled: Risk Tolerance—A Bird in the Hand.

Energy, Efficiency, and the Brain

The brain has around 86 billion neurons and nearly a quadrillion synapses. Each synapse works like a molecular switch.

But How Can We Settle When ____ is Still Treating?

Clients fall into two groups. The first group wants to try to settle the case before they’ve even started treatment.

The "Concussion" is Actually the First Domino

We’ve all heard that half the damage after a sprained ankle is caused by the swelling.

But They Fixed it Right After the Fall...!

Fixing something—or making a safety improvement—after someone gets hurt is a clear signal that the “thing” was unsafe from the beginning.

We Know We Were in Pain... But the Memory Doesn't Capture the Whole Experience

Pain is a big component in most personal injury cases. When we’re asked about pain, we “remember” it.

Vacations After an Injury

At trial (and even before) the defense likes to express indignation and disbelief.

Disability Coverage— Don't Leave Benefits on the Table

I’ve gone through a number of “re-inventions.”

Collision Reports Aren't Worth the Paper They're Written On

Many people think that the collision report is dispositive on all issues related to a wreck.

The Doubtful Guest and Residual Symptoms

I love Edward Gorey. He’s written all sorts of cool things. But my favorite is The Doubtful Guest.

Small Changes Make Big Differences

People look a lot alike. There are so many similarities. Eyes, noses, ears, mouths, etc.

Symptom Attribution After a Car Wreck

The defense loves spinning the narrative that the injured person is blaming everything on the collision.

Examining The Attorney's Most Important Job... Listening.

Even before I started law school I knew what attorneys did. They were paid to talk. To use words to make things seem a certain way. Law school did nothing to disabuse me.