Trial Strategy: Is it Ever a Good Idea to Admit Liability?

Please take a look at our video Think Piece on this topic:

OVERVIEW


Sometimes in a medical malpractice case, health care providers, state-wide hospital systems and national insurance carriers simply don’t have a defense.  The question becomes, should they admit liability?

EXAMPLE


Waranch & Brown had a situation where the firm couldn’t get expert support.  The doctor agreed there were problems.  But, the plaintiff was overreaching on the damages.  We concluded it was better to admit liability, and win the jury’s respect, rather than try to fight a battle we were definitely going to lose.  Instead, we argued strenuously on causation and damages.  These were the battles that we could win.  And did.

CONCLUSION


Sometimes, in special circumstances, it might be a better strategy to admit liability.  It will help your credibility with the jury on the real battle over damages.  It’s a good move on the right case.

NEED HELP?


If you have any questions about this or other trial strategies, we’re always here to help.  Call us at (410) 821-3500.

2015 Top Ranked Law Firms

January 2015 — We are proud to announce that Waranch & Brown, LLC has been named by Fortune Magazine and LexisNexis® Martindale-Hubbell® as one of the Top Law Firms in the United States for 2015.  This is the third consecutive year the firm has received this recognition.

Larry Waranch

Larry Waranch

Larry Waranch is an AV rated trial lawyer and a founding partner of Waranch & Brown. His practice focuses primarily on medical malpractice defense, medical licensure matters, administrative defense and general liability.
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