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Montgomery County Injury Lawyer

More Objections in Personal Injury Litigation

Irrelevant

Irrelevant is a commonly made objection. A question is relevant if the answer really matters to the case. Conversely, a question is irrelevant if the answer does not make the facts more or less true than they would be without that answer.

Sometimes the answer may have some relevance to the case but would be so unfairly prejudicial that the judge will not permit it. For example,…

The Defense Case in Personal Injury Litigation

THE DEFENSE CASE

When all your evidence has been presented, your attorney rests your case. The defense attorney may then ask the judge to dismiss the case for insufficient proof. This virtually never works, yet for technical reasons the insurance company’s lawyer often makes this request. Then the presentation of the defense case begins.

The first witness presented by the defense is…

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…

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…

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…

How to Handle Your Discovery Deposition

DEPOSITIONS

The discovery deposition is one of the most important stages in the litigation of a personal injury lawsuit. It is during the discovery deposition that the insurance company’s lawyer gets the opportunity to question the accident victim in person about the accident and the injuries suffered. Similarly, at the defendant’s deposition, your lawyer is able to discover much about t…

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…

Choosing Jury Trial or Arbitration for Personal Injury

CHOICE OF TRIALS

The first major choice that must be made regarding the filing of a personal injury lawsuit involves the type of trial you wish to have. You and your lawyer must determine whether to demand a jury trial, a trial before a judge without a jury, or a hearing of a more informal nature. The choice you make may determine how quickly your case is decided and the maximum amount of…

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