Monthly Archives

December 2013

Statutes of Limitations Issues for Personal Injury Cases

If you are relying on a recent change by the legislature in the statute of limitations, be sure to research whether the change applies only to cases that occur after the effective date of the new law or whether it applies retroactively. If the change in the law does not apply retroactively, you may not be able to revive a case that was time barred by the previously existing statute of limitations…

Statutes of Limitations for Personal Injury Cases-Part 2

NOTE: This list is only a starting point in your research. If you are concerned about a statute of limitation, you should either contact a personal injury lawyer in your state or go to a law library and look up the statutory section cited in this list.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of…

Statutes of Limitations for Personal Injury Cases

This blog explores the initial stages of the lawsuit process. It examines statutes of limitations deadlines, choice of trials, choice of venue, and the initial legal filings you can expect from the insurance company or individual or entity you have sued.

STATUTES OF LIMITATIONS

A sad moment for lawyer and client occurs when it becomes clear that a statute of limitations deadline has…

Arbitration v. Mediation: Resolving Personal Injury Claims

Arbitration is a better settlement device when the sides are entrenched. Arbitration usually involves a mini or summary trial. The rules of evidence are relaxed to permit admission of evidence without the formalities required in jury trials. For example, medical reports, rather than actual medical testimony, may be used to prove damages. This greatly reduces the time and expense of…

Alternate Dispute Resolution and Mediation

ALTERNATE DISPUTE RESOLUTION

Jury trials are expensive and painful affairs. Alternate dispute resolution (ADR) techniques try to ease this pain and expense, while also reducing court backlogs.

There are numerous forms that ADR can take. The principal forms are mediation, binding arbitration, nonbinding arbitration, and high-low arbitration. Only the imagination limits the possibilities…

More on Settling a Personal Injury Claim

Court Notification

If you filed a lawsuit before settlement, you must file a legal document with the court advising that the case has been settled so that the court can remove the case from the dockets. Otherwise, the case stays on the dockets and a trial is scheduled. In Pennsylvania, for example, you would file an Order to Settle, Discontinue and End with the court. If you ar…

Releases and Personal Injury Settlements

It is absolutely unethical for a lawyer to fail to immediately notify the client of any settlement offers. Even if the offer is extremely low, the client must be notified and given the option of accepting the offer. Some lawyers may withhold this information out of fear that the client will force the acceptance of a low offer. Perhaps the client is desperate for cash. The lawyer may feel that t…

Settlement Negotiations and Personal Injury Litigation-More Strategies

It is not unusual for a lawyer to make a settlement demand without consulting first with the client. The opening settlement demand is always for an amount that is well in excess of the actual value of the case. There is no danger that the insurance company will capitulate by settling the case for that amount.

The insurance company always offers less than the settlement demand. Once that offer…

Personal Injury Litigation and Correcting Erroneous Medical Reports

Some doctors are not very receptive to changing their records. They may take offense that a lawyer or litigant is asking them to change a record. As long as you are not asking the doctor to say something that is not true, there is nothing wrong with asking a doctor to amend a report. But the doctor may not see it that way. If the doctor will not amend the report, you are going to have to approac…

Settling Personal Injury Claims: The Importance of Medical Reports

The best way to convince an insurance company to settle is by accurately and completely documenting both the severity of your injuries and the defendant’s complete or substantial responsibility. This requires prompt investigation of the accident by your lawyer and his or her investigative team, and careful monitoring of your treatment and medical progress. It also requires clear comrnunication…

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