Category

General Law

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…

What’s a Trial Lawyer to Wear

Lawyers and litigants must dress for court in a way that will not detract from the client’s case. What if the attorney’s culture, religion and/or personal preferences dictate a certain mode of appearance that is out of the ordinary? Must a lawyer alter this to conform to ordinary expectations? Or can the attorney with confidence honor his or her preference without prejudicing the outcome for…

You Be The Judge – Client Burned By Spilled Coffee

Everyone has heard about the much misunderstood verdict in the case against McDonald’s. I have a case in which a client was burned by spilled coffee at a Philadelphia restaurant. I am concerned that the public reaction to the McDonald’s case will adversely affect the jury’s reaction to my client’s case.

On April 20, 2014, my client was dining at Estia restaurant in Center City…

$12.7 Million Wrongful Death/Drunk Driving Settlement

Chad Horne, age 22, Terri Ann Busbirk, 43 year old mother of two children, and Robin Villegas, 52 year old mother of three were killed because of the actions of a drunk driver and the institutions that enabled an evening of alcohol inspired debauchery. 

Kevin Marciano, the Philadelphia area’s leading attorney in litigation involving taverns that serve alcohol to visibly intoxicated patrons,…

Insurance Fraud in Personal Injury Litigation

Insurance Fraud and Other Problems
People often wonder about the extraordinarily high cost of auto insurance, particularly in big cities. You will not be surprised to hear that there is blame to go all around. The people who bring fraudulent claims and their lawyers contribute mightily to the problem. Doctors who knowingly over-treat plaintiffs in order to build personal injury cases are also at…

Closing Arguments 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…

What Did the Judge Have for Breakfast?!

 
What Did the Judge Have for Breakfast?! 

It is said that judicial decisions are affected by the digestive system of his/her honor.  If the judge is feeling good, he/she might rule one way, and if not, then maybe another.  I had an experience last month that seemed to reveal a decision making process that was not solely guided by considerations of justice, though, in the end, justic…

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…

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…

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