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…
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…
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…
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…
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…
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…
CHOICE OF VENUE
Often there is a choice of counties in which the lawsuit may be brought. This is known as choice of venue. For example, if the accident happened in one county, but the defendant resides in another county, your case probably can be filed in either county. In some areas, one county has an advantage over other counties because the awards are generally higher. For example, awards…
If you are relying on a recent change by the legislature in the statute of limitations, be sure to research whether the change applies only to cases that occur after the effective date of the new law or whether it applies retroactively. If the change in the law does not apply retroactively, you may not be able to revive a case that was time barred by the previously existing statute of limitations…
ALTERNATE DISPUTE RESOLUTION
Jury trials are expensive and painful affairs. Alternate dispute resolution (ADR) techniques try to ease this pain and expense, while also reducing court backlogs.
There are numerous forms that ADR can take. The principal forms are mediation, binding arbitration, nonbinding arbitration, and high-low arbitration. Only the imagination limits the possibilities…
It is not unusual for a lawyer to make a settlement demand without consulting first with the client. The opening settlement demand is always for an amount that is well in excess of the actual value of the case. There is no danger that the insurance company will capitulate by settling the case for that amount.
The insurance company always offers less than the settlement demand. Once that offer…
