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Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial strategies.

The first strategic aspect to consider is the type of claim filed and how it may change moving forward, as it may affect the applicable statute of limitations or the damages available. A cause of action that begins as a claim for medical ...