Children’s Injury Law

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…

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…

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…

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.









District of…

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…

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…

Personal Injury Litigation and Settlement Strategy

Your Strategy

Experienced plaintiff’s lawyers know that in cases involving serious injuries, full value will probably not be offered until after the discovery process has run its course. There is a caveat here though. If the insurance lawyer uncovers damaging evidence during discovery, the settlement value of the case may drop. The lawyer and client need to maintain clear lines of…

Settlement Strategies for Personal Injury Litigation

Settlement Conference

The final opportunities for settlement occur after a settlement conference and at the courthouse steps. Judges almost always push hard for settlements at these conferences. The attorneys and their clients may find the judge’s arm twisting irresistible and settlement may result. If it does not, the judge will order the case to trial. When faced head-on with this prospect,…

Negotiating with Insurance Companies in Personal Injury Litigation

Once the insurance company has finally made you a settlement offer, be prepared to say no. It is very rare for the first offer to be their best offer. When you go to purchase a car, you do not accept the first offer from the dealership. Similarly, the insurance company does not expect you to take their first offer, and that is why you can expect to initially receive a low ball offer.

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