Category

General Law

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…

Cross Examination and Personal Injury Litigation

Cross-Examination

After direct testimony concludes, the defense attorney cross-examines you. This attorney attempts to discredit you, if possible. He or she may try to show that your version of the accident is unreliable. He or she will also undoubtedly try to prove that your losses and damages are not as bad as you would like the jury to believe. This is where the deposition testimony is so…

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…

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…

Social Security Disability Lawyer Discusses Social Security Disability Claims

SOCIAL SECURITY DISABILITY

Everyone knows that Social Security benefits are available to retired workers. But did you know that you might qualify for Social Security payments before you reach retirement age?

If you are disabled and unable to work, you may be eligible to receive Social Security benefits. There are two separate programs that pay disabled persons-Social Security Disability…

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