What is the Difference Between General District Court and Circuit Court?
—By John Merrick —
With a busy practice, it is tempting to set questions aside until there is enough time to provide a comprehensive response. But we know that our clients deserve a prompt and thorough response.
To provide excellent service to our clients, I’ve prepared detailed responses to common questions so that I can respond immediately. I tailor the response to the particular facts in each case.
One of the keys to providing a prompt response is to keep it simple and avoid getting bogged down by all the potential nuances. Save the nuances – "well, it depends" – for a conversation, or where the nuance actually applies to a client’s particular case.
The attached form answers the common questions of "Where will my suit be filed?" and "What is the difference between General District Court and Circuit Court?"
| General District | Circuit Court |
| To get the case started, file a Warrant in Debt and pick the Return Date, which is normally the date for the parties to appear and set the case for trial. Serve the defendant(s). | To get the case started, file a Complaint and arrange to serve the defendant(s) with process (Summons + Complaint). Best practice is to serve written discovery with the Complaint. |
Think Like a Defense Lawyer – Verdict and Settlement Analysis
— By John Merrick —
As a plaintiff’s personal injury lawyer, it is important to think like a defense lawyer. For every case, I still put on my defense attorney hat and prepare a verdict and settlement analysis throughout the case.
Below is a template I used for pre-trial reports in disputed liability cases where there was plenty of insurance coverage. [If there is a risk of an excess verdict, the analysis changes].
What sets our firm apart from most other personal injury attorneys, is that we each handled cases for the defense / insurance carriers for over a decade. We’ve seen personal injury cases from all angles, and we have a solid track record of evaluating cases and working hard to get the best results.
Of course, every case is different, and the settlement analysis depends on its own unique facts, available insurance coverage, witness personalities, injury type, defense / expert costs, potential evidentiary issues, and any unresolved issues.
What is a Deposition?
— By John Merrick —
Your deposition has been scheduled – now what? A deposition is part of the discovery process, when an attorney gets to ask a person questions under oath. Here are the most important things to remember if you are deposed:
- The defense attorney is trying to figure out if a jury is going to like you (and believe you) or not; because if the jury likes you, you have a better chance of an excellent outcome. When the deposition is over, the attorney is going to write a report for the insurance company. You want the report to say that you are likeable, credible, and sympathetic. That will increase the settlement value of your case. Be kind, thoughtful and polite.
- You cannot win your case at a deposition, but you can hurt your case or even lose it. The witnesses who tend to harm a case at their deposition are the ones who think they are going to teach the defense attorney a lesson. Don’t try it – see number 1.
- The defense attorney is allowed to ask questions that may seem pointless or irrelevant. If they take it too far, I can step in and stop it; but that is very rare. Be patient and answer the question. See number 1.
Merrick Brock Fishing Extravaganza
— By John Merrick —
The 2024 Merrick Brock Fishing Extravaganza yielded 3 yellowfin tunas and an undisclosed amount of Miller Lite cans. This salty crew braved the high seas to spend a day together telling embellished courtroom stories and enjoying the low hum of the diesel engine, sunshine, fried chicken, an undulating ocean, and getting off the grid. Not a bad way to spend a Friday with several of the firm’s VIP’s. We are grateful for your referrals!
John Merrick Wraps Up First Year as Lewis F. Powell, Jr. Inn President
— By John Merrick —
John Merrick recently wrapped up his first year of a two-year term as President of the Lewis F. Powell, Jr. Inn of Court. The Inn recently celebrated together at Rocketts Landing and bestowed its Esther J. Windmueller Award.
The award is named after one of the Inn’s founding members, who died in 2017 following a courageous battle with ovarian cancer.
Congratulations to retired University of Richmond Law Professor Clark Williams for receiving the Award.
The Award is awarded to an individual in the Richmond legal community who displays the following qualities consistently in both practice and personality:
- Exemplary professionalism;
- Service and leadership in the local legal community;
- Dedicated mentoring of members of the Bar or law school;
- Enthusiasm for learning;
- Congeniality and an ability to bring disparate groups together for mutual benefit.
The Inn held several events since the fall, including:
John Merrick Sworn-in as Secretary /Treasurer of RBA on Law Day
— By John Merrick —
On May 1st, John Merrick was sworn in as Treasurer/Secretary of the Richmond Bar Association.
"Law Day, celebrated on May 1 and throughout the month of May, has been a visible part of American legal culture since President Dwight D. Eisenhower established it in 1958 to celebrate the rule of law in a free society." (uscourts.gov)
The theme of Law Day 2024 is Voices of Democracy.
The Richmond Bar Association celebrated Law Day at Lewis Ginter Botanical Gardens with a special guest, Virginia Supreme Court Justice Cleo Powell. She delivered thoughtful remarks encouraging attorneys to use their voices for justice, uphold their oath to the Constitution, and participate in the Judicial Performance Evaluations; she also swore in the new members of the RBA board and executive committee including Taylor Brewer, Veronica Brown-Moseley, Ben Pace and Deanna Hathaway.
John looks forward to continuing to serve on the Board and is excited for a new role on the Executive Committee as Treasurer/Secretary.
The Life of a Personal Injury Claim
— By John Merrick —
We’ve handled both sides of personal injury cases for many years. There are up to six distinct stages:
- Intake: Every case starts here and involves gathering information directly from our client and relatives.
- Pre-Suit: We obtain information from other sources in support of the case, such as the police report, witness statements, available insurance, medical records and bills, photographs, surveillance videos, documents in support or lost wages. Once we have all the necessary information and records, we submit a demand letter to the at fault party and/or the insurance company to try and settle the case.
- Settlement: If the case settles, the insurance company tenders a settlement check and our client signs a Release of all claims. We place the check in our escrow account until it clears, then disburse the settlement funds.
Medical Malpractice 5 Star Review
— By John Merrick —
Medical malpractice cases are challenging for four primary reasons:
- There is a cap, which serves as a ceiling for settlement negotiations and a safety net for insurance companies. If a jury awards you $10 million to compensate you for harm caused by a negligent doctor, the amount will be reduced to the cap of $2.6 million.
- The cases are expensive. The cases often require testimony from several expert witnesses. Medical experts aren’t cheap.
- The defendant (doctor) is typically sympathetic. Most people like their doctor and are pre-disposed to accept the argument that bad outcomes can just happen.
- They can be very complicated. A good lawyer must figure out how to simplify complicated medical terms and outcomes for the jury to understand. If the jury does not understand the case, the defendant wins.
Case in point: our firm has a medical malpractice case against a doctor who put a stent on the right sided ureter instead of the left sided ureter. Both ureters were visible during the procedure. The doctor performed the procedure on the wrong side, to the wrong ureter. No settlement offers have been made and negligence remains hotly contested.
For Best Results: Recognize What the Defense is Thinking
Written by — John Merrick —-
We started Merrick Brock after working at an insurance defense firm for over 10 years. That experience sets us apart from other personal injury lawyers.
We use our unique experience to develop strategies for achieving the best results possible for our personal injury clients.
A few things I learned about case values and negotiating settlements on the defense are below. Every case is different, but normally, subject to some exceptions:
- Insurance adjusters are generally great people who work hard. Be nice to them.
- The adjuster ultimately decides whether and when to settle a case. Be nice to them.
- Adjusters prefer to settle cases quickly. A key metric of their review is how long a case remains open.
- For an adjuster, the best file is a closed file.
- Adjusters manage risk. They focus on potential outcomes more than case details or nuances.
- Adjusters are willing to settle for an amount that is (slightly) less than their worst realistic outcome. See above.
Experts: Strategy For Cases With Hired Guns
— By John Merrick —
When it comes to experts, juries don’t care as much about "hired guns" as you might think. (Note: I am not criticizing hired guns. Both sides use them all the time. The key is to adapt.)
I recently tried a case with a defense expert who (1) made over $1m a year doing medical-legal work (i.e. being paid to review medical issues in legal cases and offer favorable opinions), (2) made nearly all of that money reviewing cases for the defense, (3) nearly always minimized the damages claimed by the plaintiff’s doctors and, (4) was hired by the same defense firm over 15 times in the last couple of years. As you might expect, he was smooth and skilled on the witness stand.
Every personal injury lawyer in Virginia (on both sides) would recognize this expert to be a hired gun. Meaning that, based on his extensive track record, this expert reliably interprets MRI’s, X-rays, physical exams and reported symptoms in a manner that favors the defense, for example, he routinely opines "this is an old injury, not from the accident" or "this slight protrusion could not possibly cause pressure on the spinal cord" or "this condition will heal on its own, without medical treatment" or "this condition does not require surgery" or "this condition does not cause the symptoms reported by the plaintiff." All these opinions strike at the heart of a plaintiff’s case.
From our offices in Richmond and Lynchburg, Merrick Brock, PLLC represents injury victims and their families throughout Central Virginia and communities across the Commonwealth. We serve clients in Richmond, Henrico County, Chesterfield County, Midlothian, Glen Allen, Short Pump, Mechanicsville, Chesterfield, Bon Air, Tuckahoe, Ashland, Petersburg, and surrounding areas. Our attorneys also assist clients throughout Lynchburg, Northern Virginia, and the Hampton Roads region, including Alexandria, Arlington, Chesapeake, Hampton, Newport News, Norfolk, Suffolk, and Virginia Beach.
Results listed are not a guarantee or indication of future case results.
1801 Libbie Avenue, Suite 100, Richmond, VA 23226
804-500-9796
