Experienced Trial Counsel
I regularly read the publication which is a compilation of new case law as released by the Supreme Court of Florida or the District Courts of Appeal. This week there was an opinion posted wherein the CME doctor ( the doctor hired by the insurance company to examine you) who was too much an advocate for the insurance company. The trial court granted a mistrial as the doctor refused to be responsive to the questions asked and even stated to the jury, “We all know the plaintiff will get better once the case is over.” The court, at the request of the plaintiff, granted a mistrial. Unfortunately the lawyer for the injured party failed to understand that’s exactly what the insurance company wants; a delay. There’s an old saying in our business: “Justice delayed is justice denied.” Had the lawyer for the injured party had more experience he/she could have asked for the trial court to reserve ruling on the motion for mistrial until after the jury had reached a verdict. That way if the result was favorable the plaintiff could have withdrawn their motion for mistrial. And if the result was poor then the plaintiff could have asked the judge to then grant the mistrial. Sadly, the injured party still does not have their day in court. It’s easy sometimes to be a Monday morning quarterback, however the case law reads a reserved motion for mistrial is preferred, especially in a case such as this that is close to completion. It’s just another example of why it’s important to retain a Florida Bar board certified trial lawyer like Steve Lavely or Matt Whyte as opposed to a lawyer that rarely goes to court. Insurance companies realize there are so many mass marketing lawyers today who have little trial skills or even a clue how to prepare for a jury trial. The insurance companies realize these lawyers without experience will back down at the detriment of their client and to the benefit of the insurance company. When considering hiring a lawyer hire a litigation expert such as Steve Lavely or Matt Whyte. Why settle for less?
