Articles

Looking at your Insurance Rates in the Time of Covid-19? Don’t Forget to Get Adequate Underinsured/Uninsured Motorist Coverage

A client may discover the value of having UM/UIM coverage when the at-fault driver is underinsured or even worse, uninsured.  Ironically, UM/UIM insurance is often the most inexpensive form of insurance coverage.  In the era of COVID-19, many families are analyzing and adjusting their auto insurance coverage.  It is time to ensure you have appropriate… read more

Maximized Results Through Sophisticated Analysis Of Settlement Options

Although the law firm of Aitken * Aitken * Cohn prides itself in our long history of excellent results at trial, many cases can be successfully resolved through settlement. One of the most frequently asked questions encountered by our law firm is: “How do we evaluate cases for settlement purposes?” Our firm takes a sophisticated… read more

Effective Presentation of Evidence of Economic Damages for Partial Loss of Earning Capacity

Richard A. Cohn A Common Shortcoming — The Failure To Recognize Economic Loss In The Case Of Partially Disabled Personal Injury Plaintiffs. Over the years, I have heard numerous lawyers describe their personal injury cases, whether in casual conversation or in consultation on potential referrals to our law firm. Likewise, I have regularly reviewed jury… read more

Ethical Issues for the Legal Assistant

By Richard A. Cohn Partner, Aitken * Aitken * Cohn Attorney – Client Privilege Initial Contact with clients commences the attorney-client relationship Communication with clients – the essentials Prohibition against the “practice of law” by non-attorneys Fee splitting with non-attorneys – prohibited. Client Privacy Issues Private Health Information of Clients Conflicts of Interest Among Clients… read more

Do You Have Enough Insurance?

In our practice, we often find that clients do not fully understand the limits of their automobile insurance policy limits and the different types of coverages available until after an accident has occurred. Unfortunately, by then it is too late! Here are the three most important elements of automobile insurance coverage, and our recommendations. Liability… read more

Discovery in Products Liability Cases – Back to Basics

By: Wylie Aitken & Richard Cohn Introduction It is often useful, if not essential, to employ unique and creative discovery and investigation tactics in Products Liability cases. Equally important, however, (but frequently overlooked even by experienced attorneys), is the need to perform simple, common-sense and basic discovery in order to prove up one’s case at… read more

Construction Site Injury Liability for Hirers of Independent Contractors: Many Roads Still Lead to Liability

By Richard A. Cohn Although Liability for Hirers of negligent independent contractors in construction site injury cases has been limited in dramatic ways in the last decade, the road to liability is not nearly so limited as the defense lawyers who handle these cases try to argue. On the contrary, there are still numerous ways… read more

Consumer Alert

Each year almost 2,000 gas grills erupt into flames, injuring about 300 people, according to the National Fire Protection Association. Some accidents happen when consumers store spare propane tanks – often dangerously overfilled – under their grills. The problem – gas from the extra tanks can leak out, ignite and create a fireball. The scenario… read more

Excess Judgement

BAD FAITH CASES CAN PUNISH STONEWALLING INSURERS Insurance companies are businesses, and like all businesses they seek to maximize their profit. For this reason, insurance companies are much more enthusiastic about accepting premiums (income) than paying legitimate claims (expenses). This is the dynamic which leads insurers to drag matters out, and to stonewall settlement demands… read more

The Deposition of the Adverse Expert Witness

Darren O. Aitken, Esq. 1. INTRODUCTION A party has the right to depose any expert designated by the opposing party. [CCP § 2034(i)]. In fact, any expert retained by the opposing side must be produced for deposition upon the service of proper notice. [CCP § 2034(h)]. The right to depose does not equate, however, with… read more