A common challenge that I face when representing injured clients occurs when the client fails to make her doctors’ appointments. Any medical provider, doctor or therapist worth her salt will schedule several appointments or follow-up sessions or examinations and so forth until the client has reached maximum medical improvement. (more…)
One of the legal requirements or “elements” of a workers’ compensation case is “notice”. That is, Your employer has a right to be notified of your accident. New clients tell me all the time: “Well, I didn’t actually tell my supervisor about the accident, but he knows.” After a bit more inquiry, it turns out that the client really does not know for sure if the employer has really been notified.
The conservative approach to notice in workers’ compensation cases,, and by far the best practice, is for the employee to specifically tell his or her employer about the accident, including who was present, i.e., eyewitnesses, other witnesses, what happened, where it happened, when it happened, and if the employee knows, why it happened.
Clients often ask me if I think their case will go to trial. Some clients are spoiling for a fight, while others are seriously afraid of the prospect. The fact is that ninety percent of my cases settle before trial or hearing. This percentage has remained steady during my entire twenty-year tenure as a personal injury attorney and is common to the industry. Why is this so? Because trials are very risky to all concerned. Experienced attorneys on both sides will usually put up good cases, but the decision often boils down to whom the jury likes better, really a popularity contest, without their applying the law to the facts, or analyzing witness’ credibilities. Moreover, the judiciary system would collapse if all cases went to trial — even if a just twenty to thirty percent went to trial. There simply are not enough resources – people, money, space. Still, at The Attorney Offices of Thomas Gagne, we prepare each case as if it’s going to trial, and develop the leverage needed to obtain just compensation. If the other side pushes us, you can count on us being ready.
Written by Thomas M. Gagne, Esq. for The National Business Institute
INTRODUCTION
I want to turn your attention now to litigation and hearing strategies. If you are preparing for hearing you should already have a solid legal and factual theory of your case. You should also have your sub theories solidified, i.e.: your theories of liability, proximate causation, damages and future damages, etc. Upon receipt of the hearing notice, make sure you have all the pertinent medical records of which you are aware. As I stated before, you will not necessarily have all the records if the opposing counsel discloses in his pretrial brief other records you and your client are unaware of that she’s planning to introduce. Remember, as the claimant, your brief is due 15 days before the hearing well the defendant’s is due 10 days before the hearing. (more…)
Written by Thomas M. Gagne, Esq. for The National Business Institute
Introduction
Cross-examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. It can be your best friend or your worst enemy if handled incorrectly. Like a weapon, it must be treated with respect and understanding. (more…)
Written by Thomas M. Gagne, Esq. for The National Business Institute
INTRODUCTION
Thomas Gagne has practiced workers’s compensation and personal injury law in Greenville and Spartanburg South Carolina for seventeen years. He holds a B.A. from Cornell having studied literature and philosophy and is an alumnus of SUNY Buffalo Law School and Harvard Business School. He is a former JAG prosecutor and Special Assistant United States Attorney attached to Fort Jackson South Carolina. He also served as an assistant solicitor for Richland and York Counties. Tom was recently selected as a Top 100 Trial Attorney by the National Trial Lawyers as well as a Premier 100 attorney by the American Academy of Trial Lawyers. (more…)
Employment injuries can be the ruin of both an individual’s finances, as well as a company’s. How can you help protect your clients’ assets and best interests in the case of workers’ compensation claims? Find out with an upcoming seminar here in Greenville, South Carolina.
Thomas Gagne will be part of a panel presenting a seminar on Advanced Workers Compensation with the National Business Institute on February 11th, 2016. Topics discussed will include:
Attorneys, vocational rehabilitation specialists, insurance claim adjusters or risk managers, Human Resource professionals, and workers’ compensation administrators are all encouraged to attend.
To learn more details about scheduling, find the event here at the website of the National Business Institute.
Thomas Gagne recently presented a live seminar on cross-examination techniques in Greenville, SC. During his presentation Mr. Gagne covered the following:
-The Purpose of Cross-examination
-Personal Case and Case Theory
-The Different Cross-examination Techniques
-When Not To Cross-examine
-How To Protect Your Client from Cross-examination
-and much more!
Access Mr. Gagne’s presentation here or contact Gagne Law Office today at (864) 233-2000 with questions or concerns.
BBB WELCOMES THOMAS GAGNE, P.A., TO THE 2015 BOARD OF DIRECTORS
[October 13, 2015 – Greenville, SC] Better Business Bureau® (BBB) serving the Upstate of South Carolina announces Thomas Gagne, president/owner of the Attorney Offices of Thomas Gagne, P.A., as the newest member of our Board of Directors. (more…)
FOR IMMEDIATE RELEASE
August 17, 2015
Attorney Thomas Gagne Receives Premier 100 Designation from American Academy of Trial Attorneys
The American Academy of Trial Attorneys (AATA) has recently recognized Thomas Gagne of the Attorney Offices of Thomas Gagne, P.A. in Greenville, South Carolina as one of 100 premier trial attorneys in the state of South Carolina. This is a distinction reserved for attorneys who have established themselves through their professionalism and excellence in service.
Membership into AATA’s Premier 100 requires the satisfaction of stringent criteria and standards as established by the AATA Board of Directors. Less than 1% of the 1.2 million attorneys currently practicing in the U.S. will be selected to receive this important and prestigious designation. Criteria for membership may include, but is not limited to, the following:
Mr. Gagne has been in practice since 1997 and handles personal injury cases only. He has been recognized for his commitment to providing excellent representation for clients both inside and outside of the courtroom.