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Delaware County Personal Injury Lawyer

Ambulance Chasers and Personal Injury Litigation

AMBULANCE CHASERS
An accident can be a very traumatic event. An accident can leave you feeling vulnerable and at loose ends. Ambulance-chasing lawyers prey on this feeling. These lawyers, or their underlings, mysteriously pop up at the scene of accidents hoping to lure the accident victim.
Some lawyers peruse police reports of auto accidents. These reports are available for a few dollars. They…

Medical Testimony in Personal Injury Litigation

MEDICAL TESTIMONY

Next your lawyer might move to the medical evidence. Your doctors testify about the injuries suffered, the treatment, the diagnosis, the causal relationship between the accident and the injuries, the amount of pain such injuries cause, and the prognosis for the future. If you had to have surgery, that will be examined in great detail. Perhaps plastic models of the affected…

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…

Silence is Golden – Negotiation Strategies

In negotiations, many times what you don’t say is more important than what you do. This applies to all professionals, not just trial lawyers.

As the years have passed, I have learned to sense when not to respond to a letter, fax, email or comment. The temptation is strong to respond, especially when your negotiations partner writes something inflammatory or clearly inaccurate. 

Not…

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…

You Be the Judge!

I am working on a “slip and fall” case slated for jury trial in early November.  My dear readers, I would like for you to “sit on the jury” for this trial. Please let me know what you think of my case and how I can improve the chances for a successful verdict.
On September 1, 2012, Sandra C. was walking in the buffet line at a suburban Philadelphia Casino and slipped on an oily…

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…

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…

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