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Medical Malpractice Lawyer

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…

Medical Malpractice and the Death of a President

One of history’s most famous cases of medical malpractice involved President James Garfield.  Garfield was shot twice by frustrated office seeker, Charles Guiteau.  Garfield’s doctors malpracticed Vice President Chester Arthur into the Whitehouse.  One bullet lodged in the President’s torso.  Doctor after doctor probed the wound with unwashed fingers and instruments.  One is thought to…

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…

How to Dress for your Discovery Deposition

Dressing and Acting Appropriately

Since you are trying to make a favorable impression on the defense attorney, it is important to dress neatly and to treat all persons in the deposition room with courtesy and respect. There is nothing to gain by arguing with or insulting the defense attorney. After the deposition, this attorney will report his or her impressions of you to the insuranc…

More Instructions for Discovery Depositions

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…

Personal Injury Litigation and the Discovery Process

The Discovery Process

In the old days, trials were even more like war than they are now. Modern discovery rules have put an end to the sneak attacks that until recently characterized litigation. These days, each side is required to respond to the other side’s requests for information concerning the case. If it fails to do so voluntarily, the court, upon the motion of the requesting party, w…

Choice of Venue in Personal Injury Litigation

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…

Alternate Dispute Resolution and Mediation

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…

Settlement Negotiations and Personal Injury Litigation-More Strategies

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…

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