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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…

Independent Medical Exam or Defense Medical Exam?

THE DEFENSE MEDICAL EXAMINATION

The insurance company has the right in every personal injury case to have you examined by a doctor it chooses. This examination represents the third stage of the discovery process. The insurance lawyers like to refer to this as an independent medical examination or an IME. Plaintiff’s lawyers have begun insisting that this exam be called a defense medica…

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…

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…

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…

Philadelphia Injury Lawyer Discusses the Best Approaches

DISCOVERY AND TRIAL

Chapter 10 of my book, Winning Personal Injury Claims, explores the all-important discovery process. In this chapter, you will find much of what you need to handle interrogatories, requests for production of documents, depositions, and the “independent” medical examination. Chapter 11 takes you through the trial itself. It is during the discovery stage of litigation…

Philadelphia Injury Lawyer and Best Practices-Part 3

DEMAND LETTER AND SETTLEMENT

When you finish your medical treatment, you will need to gather all of the documentation relating to your damages. This includes:

·photographs of your injuries and property damage;
·the property damage appraisal;
·your medical bills and reports;
·a wage loss statement from your employer;
·a disability statement from your doctor regarding your lost…

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