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Dram Shop Lawyer

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…

Closing Argument 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…

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…

Loss of Earnings in Personal Injury Litigation

Loss of Earnings and Earning Capacity

Any other significant losses or damages must be proven through the testimony of other expert witnesses or in some other legally acceptable way. For example, if you can no longer perform your job because of your injuries, an economist and a vocational expert may have to testify. This testimony will review the types of work available and appropriate for you…

Burden of Proof in Personal Injury Litigation

Burden of Proof

Insurance company lawyers love to talk to juries about how the plaintiff has the burden of proof in personal injury cases. This is true, but generally rather meaningless. The burden of proof in civil cases requires you, the injured plaintiff, to prove your case by a preponderance of the evidence. To win in a personal injury case, your evidence needs merely to outweigh, by any…

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…

Exploring Coverage Under Homeowners Insurance

Perhaps the most misunderstood of insurance coverages is homeowners.  Did you know that your homeowners insurance may cover you for losses that occur away from your home?  It all depends on the language found in the small print of your policy.  Your insurance company hopes you’ll never take on the daunting challenge of deciphering that fine print.  It’s time to change that.

Insurers…

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…

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