Standing Ground: Fight Against Insurance Companies
We now speak to Alwyn Fredericks, who is a Partner at Cash Krugler Fredericks. Alwyn understands that lawyers, as a group, are sometimes viewed negatively, however, he states: “The truth of the matter is that lawyers help balance the equities between the powerful and the folks that are disenfranchised or harmed by others.”
“Most importantly, we speak for folks that can’t speak for themselves when their lives have been turned upside down by someone else’s negligence.”
“I am proud that people trust me to speak for them, proud to be a trial lawyer and I am proud of the work that we do at Cash Krugler Fredericks.” (this quotation does not appear on the pdf version)
He discusses personal injury litigation, how insurance companies and corporations fail to resolve litigation and the keys behind effective litigation.
What are common reasons you see misconduct regarding premises liability being taken to court?
Our firm has litigated two types of premises liability cases: negligent security and dangerous conditions. The negligent security cases usually involve the death or catastrophic injury of someone who is invited onto the property of a business as a guest. Typically, our client or our client’s decedent is injured or killed by another person that should not have been on the premises for any reason. In these scenarios, the owner or person in control of the property is aware that dangerous individuals are accessing the property and they do nothing to restrict these folks or warn would-be victims of the presence of the dangerous individual.
The second type of case we litigate involves injury to our clients, due to a dangerous condition that is present on the premises. In these scenarios, the owner or operator of the premises either know or should have known of the potential dangers on the premises and should have corrected them. The failure to correct the situation on the premises is what usually gets the owner or occupier of the premises into trouble once someone is hurt.
Since graduating law school, how have you seen the legal sphere change? What change had the biggest impact?
The biggest change that I have come across has been the unwillingness of insurance companies and corporations to fairly resolve legitimate claims.
I cannot stress this enough; there has been a huge failure by these companies to fairly resolve such claims and this failure has led to an increase in litigation as insurance companies and corporations have pursued the strategy of deny, delay and defend.
Can you share the biggest challenge behind litigating traumatic brain injury cases and how you overcome this challenge?
The biggest challenge with traumatic brain injury cases is helping the defense and the jury see the injury suffered by the plaintiff. These injuries are not broken bones or herniated discs that you can see through some objective medical finding. Most of the time, injuries to the brain are at a microscopic level and even with the best technology, cannot be seen. I analogize the problem to shaken baby syndrome. You can’t see the damage to the brain of the baby that’s been shaken, but you know that the damage is there because the baby is no longer behaving like a normal infant. Another good example is the fact that you can’t see the damage to NFL players or people who have suffered multiple concussions until they die and an autopsy reveals the damage to the brain.
I try to help jurors and defendants see the injury through the use of demonstrative evidence (animations and scientific drawings), physician experts and family and friends. I find that the use of family, friends and particularly co-workers are best at explaining how the plaintiff is different than they were before the injury. While the science is great when we have it, hearing real life stories helps the average juror connect with the plaintiff’s problems.
As a frequent presenter at seminars, both locally and nationally, regarding effective litigation and trial techniques, can you share three top important techniques which are effective regardless of jurisdiction?
In order for me to take a case to trial, I need to have 1) a likable/believable plaintiff; 2) the ability to show that the money will do some good; and 3) a real injury.
The litmus test for the likable plaintiff is simple — if I don’t like them and my staff does not like them, the jury will not like them. That test also works with believability of the plaintiff’s story.
The belief that the money will do some good means that we must show the jury that compensating the plaintiff is the right thing to do for two reasons. First, because they deserve it as they have suffered an injury, and second, showing that the money will do some good.
Finally, we must have a real injury. I think that element speaks for itself. You can’t go in front of a jury trying to make more of an injury than it is. Importantly, you must have an injury that the jury can truly appreciate and impacts the plaintiff’s life. If you don’t have a real injury that you can show, the jury will feel as if you are wasting their time.
You are recognised as a top litigator in Georgia; as Thought Leader, can you share the skills needed to maintain this title?
Hard work and integrity/ethics. Litigation is hard work. You can’t cut corners. You just have to roll up your sleeves and work your case. You can never trade in your integrity/ethics for a quick buck. The art of being a good litigator is understanding that that your career is a marathon and not a sprint. Don’t trade your ethics or integrity for anything. At Cash Krugler Fredericks, we believe that our name and our word is extremely important.
Alwyn Fredericks
Partner
404-659-1710
Alwyn Fredericks graduated from Mercer University Law School in 1998. His practice areas include auto and trucking accidents, medical malpractice, fire and explosion cases and premises liability actions. Mr. Fredericks has a sub specialty in litigating traumatic brain injury cases and has successfully tried several brain injury cases obtaining substantial verdicts for his clients. He is a member of the Executive Committee of the Georgia Trial Lawyers Association and a former member of the Editorial Board of Verdict, a magazine of the Georgia Trial Lawyers Association.
Cash Krugler Fredericks represents victims and their families who have been seriously injured or killed as a result of the negligence or intentional misconduct of others. The firm represents clients throughout the state of Georgia and in states across the country.
