Holland & Usry January 2020

What NOT to Do IN YOUR ACCIDENTAL INJURY CASE

When you’re the victim of an accidental injury, there are some glaring misdeeds you must avoid. Take the lessons learned in this real South Carolina Court of Appeals case as a prime example. A car crash victim focused his trial on a neck strain and elbow injuries that his doctor testified permanently injured his arm. The victim himself testified to consistent pain and the loss of his previously active lifestyle, which his wife confirmed in her testimony. However, the jury awarded him only the exact amount of his medical bills, and the Court of Appeals upheld the verdict. Why? The victim broke two basic rules of a successful injury case. 1. HE DIDN’T DO WHAT THE DOCTOR SAID, AND HE DIDN’T DISCUSS TREATMENT HONESTLY. The victim stopped going to physical therapy. He testified the doctor told him he could stop if it didn’t help, so he stopped. But there was no evidence he ever told the doctor he stopped treatment. Because

the evidence reflected he quit treatment without informing the doctor, the jury could conclude his injuries weren’t as severe as he claimed. 2. HIS TESTIMONY SEEMED DISHONEST. The defense attacked the victim by cross-examining him on his memory. He claimed a semiphotographic memory but couldn’t remember a prior lawsuit from a past crash where he alleged permanent neck and back injuries. He didn’t even mention that lawsuit during the discovery process of his current case, which led the judge to instruct the jury they could conclude that the withheld evidence hurt his case. The immense lesson here is this: Tell the truth even if it hurts. If you don’t and the other side finds out, they will crush you with it. Not to mention, they usually find out. As always, if you’ve got a case you need help with, we’re here for you. Call us so you don’t have to wonder if you’re making big mistakes that can hurt your case.

Jeremiah 29:11 “‘For I know the plans I have for you,’ declares the Lord, ‘plans to prosper you and not to harm you, plans to give you hope and a future.’” Proverbs 23:4-5 “Do not wear yourself out to get rich; do not trust your own cleverness. Cast but a glance at riches, and they are gone, for they will surely sprout wings and fly off to the sky like an eagle.” Good News

A traditional New Year’s favorite in the South, Hoppin’ John includes black- eyed peas that are said to represent coins, a sign of prosperity for the coming year. It’s usually served alongside collard greens, which represent cash. HOPPIN’ JOHN

Ingredients

1 smoked ham hock

1 cup dried black-eyed peas

1 medium onion, diced

5–6 cups water

1 cup long-grain white rice

1 dried hot pepper, optional (arbol and Calabrian are great options)

Directions

1. Wash and sort peas. 2. In a saucepan, cover peas with water, discarding any that float. 3. Add pepper, ham hock, and onion. Gently boil and cook uncovered, stirring occasionally, until peas are just tender, about 90 minutes. At this point, you should have about 2 cups of liquid remaining. 4. Add rice, cover, drop heat to low, and simmer for 20 minutes, undisturbed. 5. Remove from heat and let steam for an additional 10 minutes, still covered. 6. Remove lid, fluff with a fork, and serve.

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Inspired by Epicurious

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