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Dram Shop Lawyer

Suing Jameis Winston, Suing Dennis Rodman, Suing Charles Barkley

The operation was successful, but the patient died. This is how a litigant feels after getting a judgment against an uninsured defendant from whom it is impossible to collect. When settling a personal injury claim with an insured defendant, a government entity or a wealthy company or person, you can count on collecting.  When settling with the vast majority of uninsured defendants, you can count…

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 Issues for Personal Injury Cases

If you are relying on a recent change by the legislature in the statute of limitations, be sure to research whether the change applies only to cases that occur after the effective date of the new law or whether it applies retroactively. If the change in the law does not apply retroactively, you may not be able to revive a case that was time barred by the previously existing statute of limitations…

Statutes of Limitations for Personal Injury Cases

This blog explores the initial stages of the lawsuit process. It examines statutes of limitations deadlines, choice of trials, choice of venue, and the initial legal filings you can expect from the insurance company or individual or entity you have sued.

STATUTES OF LIMITATIONS

A sad moment for lawyer and client occurs when it becomes clear that a statute of limitations deadline has…

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…

More on Settling a Personal Injury Claim

Court Notification

If you filed a lawsuit before settlement, you must file a legal document with the court advising that the case has been settled so that the court can remove the case from the dockets. Otherwise, the case stays on the dockets and a trial is scheduled. In Pennsylvania, for example, you would file an Order to Settle, Discontinue and End with the court. If you ar…

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…

Depositions and the Settlement Process-Personal Injury Litigation

Depositions

Insurance companies know that jury verdicts, even for legitimate and substantial accident injury claims, are often much lower than they used to be. Thus, the insurance companies almost never offer full value until you have proven to them that they really have no other choice. That means having many aspects of your seemingly private life explored by means of subpoenaed…

Settlement Demand Letters and Personal Injury Litigation

At the time you send the settlement demand letter, the insurance company is operating with incomplete information. You have selectively presented them with only the strongest aspects of your case. For example, if you were in an accident just a year before the accident case you are trying to currently settle, you might choose not to admit that fact in your settlement demand letter. You are not…

A Dram Shop Lawyer Discusses Conflict of Laws

Pennsylvania has adopted a flexible rule to resolve conflict of law issues.  Griffith v. United Airlines, Inc., 416 Pa. 1, 203 A.2d 796 (1964).  The Court abandoned a strict place of the accident rule “in favor of a more flexible rule which permits analysis of the policies and interests underlying the particular issue before the court.  Id. at 806.   The merit of such a rule is that “it…

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