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Accident Checklists

Researching Weather Conditions in Personal Injury Litigation

My book Winning Personal Injury Claims discusses personal injury litigation and the Internet.  I present here, free of charge, Chapter 13 in its entirety.  Feel free to email me to discuss your case:  Evan@LegalAidman.com.  

The Power of the Internet

The Internet has changed all of our lives. It has touched the legal profession in profound ways and revolutionized the practice of law.

Personal Injury Books – How To Win Your Injury Claim

My FREE new book, Winning Personal Injury Cases, examines every aspect of personal injury litigation, from how to handle the accident scene to jury trials, and beyond.  The information in this book can be used by personal injury litigants and their counsel in any state.  Send me an email at Evan@LegalAidman.com to order your FREE copy of this 343 page book.  It has sold more than 11,000…

Comparative Negligence – A Secular and a Talmudic Perspective

§ 7102.  Comparative negligence

(a)  General rule.–In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or…

Turning a $25,000 Claim into a $3 Million Verdict

I wonder how Nationwide Insurance Company feels about the $3 million it invested in legal fees to defend a $25,000 collision claim. Although it took “18 years of litigation to achieve justice,” that was the final verdict and the language used by Judge Sprecher of Berks County. Berks County is not exactly known as a favorable venue for plaintiffs, so this is truly a remarkable verdict.

T…

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…

Making Objections in Litigation

Objections in General

Objections have other uses as well. Sometimes trial lawyers object to questions that are probably proper simply to send a message to the witness that the question is one of particular importance. The objection communicates to the witness that he or she needs to take extra care in formulating the answer. The objection gives the witness a couple of extra moments to do just…

Standard Objections in Personal Injury Litigation

OBJECTIONS

Objections are the trial lawyer’s tool for preventing the admission of unfair evidence for the jury’s consideration. Some of the most frequently made objections are that the question is leading, irrelevant, beyond the scope, argumentative, assumes a fact not in evidence, or has been asked and answered.

Leading Questions

A leading question is one that improperly leads t…

Proving Causation in Personal Injury Litigation

CAUSATION

It is not enough to show that a defendant engaged in negligent or careless conduct. To recover in a personal injury case, you must prove not just negligence, but also that this negligence was the legal cause of your injuries. Legal cause is shown if the negligence was a substantial factor in producing the harm. An act is not considered a substantial factor in producing the harm if…

How an Attorney Picks a Jury for a Personal Injury Case

Your Attorney’s Role

The first set of questions your lawyer will ask may involve whether any of the potential jurors know you or the defendant, any of the witnesses in the case, the attorneys, or the judge, or if any of the jurors have heard anything about the case. This kind of knowledge probably excludes an individual from sitting on the jury, since they may have preconceived notions about…

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