Category

Finding The Best Injury Lawyers

Comparative Negligence and Assumption of Risk

Comparative Negligence

One of the primary defenses to a personal injury case involves the concept of comparative negligence. To understand this concept, you must first consider that the total amount of negligence involved in the accident equals 100%. This total is divided between the negligence of the defendant (or defendants) and the plaintiff’s comparative negligence. Your recovery is…

Loss of Consortium in Personal Injury Litigation

Loss of Consortium

Loss of consortium is an additional element of damages in a personal injury claim. Loss of consortium involves damages suffered by your spouse. Your spouse is entitled to be compensated for the reasonable value of the services that you can no longer perform. Your spouse is entitled to remuneration for any loss of support, aid, assistance, companionship, comfort, protection,…

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…

Picking a Jury for a Personal Injury Case

SELECTING THE JURY

An important stage in the course of a jury trial takes place at the very outset of the proceedings, namely, the voir dire (generally pronounced vwa dear) of the jury. Voir dire consists of questions the attorneys ask the potential jurors in order to determine which of them will actually sit on the jury panel. There is a sample set of voir dire questions in Appendix A. (s…

Trial of a Personal Injury Case

If the personal injury case does not settle shortly after conclusion of the depositions, it is time to begin preparing for trial. It is necessary for you and your lawyer to meet in advance of trial to prepare. There is nothing wrong with a lawyer and client meeting to run through possible questions and answers.

Every lawyer prepares his or her witnesses. Good lawyers prepare exhaustively in…

More Tips for your Discovery Deposition

Stopping Answers

Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a fishing expedition to hook anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.

Since the other lawyer is attempting to…

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…

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…

Value of a Personal Injury Claim: The Defendant’s Likability

The Defendant

The personality and actions of the defendant are yet another important factor. If the defendant’s actions were particularly outrageous, the sky is the limit as far as the jury may be concerned.

Example: Dave was struck in the back by a car as he was walking along the side of a country road. The compensatory damages, that is, the damages that were strictly to compensate him…

Personal Injury Clients: Best Practice

Your Part

Staying active throughout the process is important regardless of the lawyer you retain. If your case has been shuffled off to an associate, your involvement is especially critical. You should insist on receiving copies of all correspondences your lawyer sends out on your behalf. You can even ask for copies of all letters from the insurance company and its lawyers.

The only way…

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