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Amtrak Derailment Disaster – Aidman Files Lawsuit

Click here for the story of the lawsuit I filed against…

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…

Jury Instructions and Deliberations in Personal Injury Litigation

JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

Jury Instructions in Personal Injury Litigation

JURY INSTRUCTIONS AND DELIBERATIONS

The judge’s instructions to the jury represent the very last stage of the trial before the jury retires to decide the case. In his or her instructions, the judge advises the jury about the law that applies to the case. The judge uses certain standard instructions but may also permit the lawyers to influence which instructions are given and how they ar…

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…

Your Testimony in Personal Injury Litigation

YOUR TESTIMONY

Your case usually begins with your testimony, both on direct and cross examination. Your testimony is perhaps the most important part of the trial. No matter how skillful and prepared the lawyer is, if the jury does not like or does not believe you, the result will not be favorable.

Direct Examination

Direct examination involves your testimony in response to your…

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…

Peremptory Challenges in Jury Selection for Personal Injury Cases

Peremptory Challenges

Each attorney in a one plaintiff/one defendant case is permitted during voir dire to eliminate or strike a set number of jurors from the jury without stating the reason. These are called peremptory challenges. In cases with multiple plaintiffs or defendants, the judge decides the number of strikes available to each attorney. There are many different theories that…

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