Category

Children’s Injury Law

You Be the Judge! Brother v. Sister!

Imagine you are the foreperson of a jury. The case you must decide involves a man suing his sister for injuries. What’s your first reaction? Would you be skeptical? Perhaps you might assume the siblings were colluding in order to pursue an insurance claim. That would surely demand a verdict in favor of the insurer.

In the case I’m handling, the story is far different. My client was…

Do You Need a Trial Lawyer or a Settlement Lawyer?

Simple, right? You want a trial lawyer, someone who is ready to take on the insurance companies and take your case to a jury trial. Not so fast. The answer is not simple.  Sometimes you want a trial lawyer and sometimes you want a settlement lawyer.

The vast majority of personal injury cases are settled. This is what most litigants want. Most people have a healthy fear of public speaking, and…

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…

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…

Voir Dire and Removal for Cause

Removal for Cause

Jurors who appear through their answers to be prejudiced in some way concerning a matter of importance in the trial can be removed for cause. There is no limit to the number of jurors who can be struck for cause. If, for example, a juror admits that he or she believes that people who have been injured due to the negligence of another person should not be able to sue for…

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…

Independent Medical Exam – Letter to Client

Client Letter: Defense Medical Examination
Dear Client:

I am sending you this letter to give you some helpful instructions concerning the medical examination to be conducted by the doctor chosen by the insurance company. You need to be aware that this doctor is paid by the insurance company. If possible, he or she will make medical findings that are favorable to the insurance company and…

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