Category

Legal Self Help

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…

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…

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,…

Opening Statements in Personal Injury Litigation

OPENING STATEMENTS

Jury trials begin with the attorneys’ opening statements. Your lawyer addresses the jury first. The defense lawyer can choose to address the jury immediately after your lawyer finishes or wait until you have finished presenting all of your evidence. Most defense lawyers open immediately after your lawyer’s opening.

Opening statements are an extremely important stage of…

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…

Final Tips for your Discovery Deposition

Exaggerating

You should not exaggerate your injuries or losses, but you should not hesitate to explain fully all of the injuries and damages caused by the accident. Watch out especially for questions such as, “Did you suffer any other injuries?” A negative answer at the deposition can limit you at the time of trial. You must think long and hard before committing yourself to such an answer. If…

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