Insights / News

How does PI litigation in the US differ from England and Wales? A discussion at the Cross Border Law Conference

The final talk at Outer Temple’s Annual Cross Border Law Conference included the eminent Gerard McDermott QC and his special guest from across the Atlantic, Jack J. Casciato, a partner at Clifford Law Offices in Chicago, about the differences between personal injury litigation in the US and UK.

In this fascinating and lively discussion, Gerard talks to Jack about the differences between personal injury litigation in the United States and litigation in England and Wales. Jack is an up and coming young litigator of catastrophic personal injury claims in Cook County, Illinois, who now focuses on representing Claimants after spending eight years as a defence lawyer.

Patrick Tomison watched their discussion and has summarised the key take-aways from their discussion below.

Using real life examples, Jack explains some of the key features of personal injury litigation in the United States and his philosophy of building a case.

Their conversation covers:

  • discovery
  • depositions
  • the quantification of damages
  • contributory negligence
  • the ’10, 7, 2’ rule
  • the importance of disclosure of electronic communications.

This provides useful comparative insights and thoughts on how cases in England and Wales could be run differently.

Litigation in the United States

Find out more

Gerard McDermott QC is a leading personal injury and international injury silk. A number of cases in his practice have a cross border element to them, with particular emphasis on US issues. He has a real understanding of the legal systems of a number of different countries, reflecting his interest and experience in numerous cross border cases.  It also reflects his long-standing interest in and knowledge of comparative as well as private international and European law. In Chambers and Partners 2020, he was noted for his travel law expertise and described as “exceptionally strong in his handling of foreign claims.”

Jack J Casciato joined Clifford Law Offices in 2018 after he tried a significant truck accident case as a defense attorney against Clifford Law Offices in February 2018. Prior to joining Clifford Law Offices, Jack was a partner at a nationally known defense firm in Chicago where he defended truck accident cases, medical malpractice actions, and actions against retailers, construction companies, product manufacturers, hotels and sports arenas. Jack’s time on the defense side provides him with a unique, insider advantage in representing personal injury clients in the same lawsuits that he use to defend.

If you would like to discuss any of the issues covered in this webinar please contact Gerard directly or via his practice management team; Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.

Webinars & Recordings 17 Dec, 2020


Gerard McDermott KC

Call: 1978 Silk: 1999

Patrick Tomison

Call: 2018

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