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Ear Injury Claims

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 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…

Settling Personal Injury Claims: The Importance of Medical Reports

The best way to convince an insurance company to settle is by accurately and completely documenting both the severity of your injuries and the defendant’s complete or substantial responsibility. This requires prompt investigation of the accident by your lawyer and his or her investigative team, and careful monitoring of your treatment and medical progress. It also requires clear comrnunication…

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…

Settlement Demand Letters and Personal Injury Litigation

The Settlement Process

The vast majority of personal injury cases ultimately are resolved through settlement, rather than through trial. There are various stages at which personal injury cases are most likely to settle. Knowing this will enable you and your attorney to concentrate your settlement efforts around these opportunities.

The first chance for settlement occurs shortly after t…

Litigating Tinnitus

PROVING TINNITUS IN PERSONAL INJURY LITIGATION: ONE LAWYER’S EXPERIENCE

Tinnitus is an injury commonly resulting from trauma. If that trauma was caused by negligence, it can form the basis for a personal injury lawsuit. If you are pursuing injury litigation, there are steps you can take to maximize the settlement value and jury appeal.

How does one prove what the tinnitus sufferer…

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