One of history’s most famous cases of medical malpractice involved President James Garfield. Garfield was shot twice by frustrated office seeker, Charles Guiteau. Garfield’s doctors malpracticed Vice President Chester Arthur into the Whitehouse. One bullet lodged in the President’s torso. Doctor after doctor probed the wound with unwashed fingers and instruments. One is thought to…
Monthly Archives
January 2014
Final Tips for your Discovery Deposition
Exaggerating
You should not exaggerate your injuries or losses, but you should not hesitate to explain fully all of the injuries and damages caused by the accident. Watch out especially for questions such as, “Did you suffer any other injuries?” A negative answer at the deposition can limit you at the time of trial. You must think long and hard before committing yourself to such an answer. If…
More Tips for your Discovery Deposition
Stopping Answers
Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a fishing expedition to hook anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.
Since the other lawyer is attempting to…
How to Dress for your Discovery Deposition
Dressing and Acting Appropriately
Since you are trying to make a favorable impression on the defense attorney, it is important to dress neatly and to treat all persons in the deposition room with courtesy and respect. There is nothing to gain by arguing with or insulting the defense attorney. After the deposition, this attorney will report his or her impressions of you to the insuranc…
More Instructions for Discovery Depositions
Stopping Answers
Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a fishing expedition to hook anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.
Since the other lawyer is attempting to…
Depositions Instructions for Discovery Depositions
Telling the Truth
Perhaps the most important advice your lawyer can give you during preparation for the deposition is to tell the truth. Even the craftiest lawyer has trouble tripping up an individual who speaks the truth and sticks to it. Clients sometimes think they can outsmart the other lawyer by bending the truth in their favor. More often than not, the other lawyer can figure out when…
How to Handle Your Discovery Deposition
DEPOSITIONS
The discovery deposition is one of the most important stages in the litigation of a personal injury lawsuit. It is during the discovery deposition that the insurance company’s lawyer gets the opportunity to question the accident victim in person about the accident and the injuries suffered. Similarly, at the defendant’s deposition, your lawyer is able to discover much about t…
Suing Jameis Winston, Suing Dennis Rodman, Suing Charles Barkley
The operation was successful, but the patient died. This is how a litigant feels after getting a judgment against an uninsured defendant from whom it is impossible to collect. When settling a personal injury claim with an insured defendant, a government entity or a wealthy company or person, you can count on collecting. When settling with the vast majority of uninsured defendants, you can count…
Personal Injury Litigation and the Request for Production of Documents
There is a sample Request for Production of Documents in Appendix A of my book. (see form 5, p.236.) The exchange of documents is very useful, since each affects the settlement value of the case.
Depending on the nature of your case, other documents may be relevant and exchanged at this time. The documents that are exchanged during this stage of the proceedings include:
the polic…
Personal Injury Litigation and the Discovery Process
The Discovery Process
In the old days, trials were even more like war than they are now. Modern discovery rules have put an end to the sneak attacks that until recently characterized litigation. These days, each side is required to respond to the other side’s requests for information concerning the case. If it fails to do so voluntarily, the court, upon the motion of the requesting party, w…
Click on the audio player below to hear an interview with Attorney Evan Aidman. This interview by Bill Simpson of WJJZ 97.5 FM discusses: Internet Resources for Litigation.
