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Internet and the Law

Testimony in Personal Injury Litigation-Part 2

Redirect and Recross-Examination

After the conclusion of cross-examination, your lawyer has the chance to ask additional questions on what is called redirect. Redirect testimony is supposed to be limited to matters that were discussed during cross-examination. The object of redirect is to rehabilitate you in the eyes of the jury or to answer questions raised by the cross-examination. For…

Researching Weather Conditions in Personal Injury Litigation

My book Winning Personal Injury Claims discusses personal injury litigation and the Internet.  I present here, free of charge, Chapter 13 in its entirety.  Feel free to email me to discuss your case:  Evan@LegalAidman.com.  

The Power of the Internet

The Internet has changed all of our lives. It has touched the legal profession in profound ways and revolutionized the practice of law.

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…

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…

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…

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