The Dirty Dozen Traps in Tort Law
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As I was going through my mail today I came across our Subpoena Newsletter generated from the local San Antonio Bar Association. I found some interesting facts and reminders to share regarding “the dirty dozen traps in tort law”:
1. Do not settle with a third party defendant without prior written consent from the UIM carrier:
2. Do not forget to ask your client the dirty questions;
3. Do not forget to ask your prospective experts the dirty questions;
4. Do not forget to properly authenticate your evidence;
5. Do not fail to timely assert your Daubert/Robinson/Gammill objections;
6. Do not forget to timely file your medical malpractice experts’ CV’s and expert reports (something that will only happen once);
7. Do not forget to exercise due diligence in service of process before the statute of limitations expires;
8. Do not assume ordinary care is the standard which applies to all medical malpractice claims;
9. Do not forget to timely designate responsible third parties and do not forget to timely respond to the designation of responsible third parties;
10. Do not miss your deadlines;
11. Do not fail to timely provide your client all offers of settlement;
12. Do not think that a non-suit will buy you an additional 120-days to file and serve expert reports in medical malpractice claims.
As practicing attorneys, we are all well aware of these traps in tort law, but just a friendly reminder.