Monthly Archives

April 2014

Collection Practice in Personal Injury Litigation

COLLECTING FROM AN UNINSURED DEFENDANT

The operation was successful, but the patient died. This is how a litigant feels after obtaining a judgment against an uninsured defendant from whom it is impossible to collect. When settling a personal injury claim with an uninsured defendant or a self-insured entity, such as a government entity or a wealthy company, it is almost always a matter of…

The Verdict and Post Trial Motions in Personal Injury Litigation

THE VERDICT

Now it is the jury’s turn to get active. After possibly years of waiting, countless phone calls, letters, doctors’ visits, consultations with your lawyer, pretrial preparation, and the grueling drama of the trial, the jury finally has the case, and your legal fate, in its hands. The answer to the question, How much? may be just minutes away.

Sometimes the verdict comes back…

Jury Instructions and Deliberations in Personal Injury Litigation

JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

Closing Arguments in Personal Injury Litigation

CLOSING ARGUMENT

The closing argument represents the lawyers’ last chance to directly influence the jury. As opposed to an opening statement, the closing address is more than a statement of the evidence-it is an argument. Whereas the opening statement sets the stage for the trial by informing the jury what the evidence will show, the closing statement goes much further. The lawyers during…

Jury Instructions in Personal Injury Litigation

JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

What Did the Judge Have for Breakfast?!

 
What Did the Judge Have for Breakfast?! 

It is said that judicial decisions are affected by the digestive system of his/her honor.  If the judge is feeling good, he/she might rule one way, and if not, then maybe another.  I had an experience last month that seemed to reveal a decision making process that was not solely guided by considerations of justice, though, in the end, justic…

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