Category

Pit Bull Attorney

Amtrak Derailment Disaster – Aidman Files Lawsuit

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

Personal Injury Claims from Pit Bull Attacks

Dog bites frequently generate personal injury claims. In most states it is unlawful for an owner to fail to keep a dog confined on the owner’s premises or firmly secured by means of a collar and chain. Violation of the law resulting in a dog bite is strong evidence of negligence. In this situation, it is likely the plaintiff can recover damages from the dog’s owner or handler. In most cases,…

Loss of Earning Capacity in Personal Injury Litigation

Perhaps a couple of examples will help to illustrate how rapidly economic losses can add up in personal injury litigation.

Example: John suffered a herniated disc in his neck and was laid off from his job due to his disability. He was 35 years old at the time of the accident. Even though he immediately found another position, he claimed losses in excess of $500,000. He arrived at his claim…

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…

Making Objections in Personal Injury Litigation

Argumentative

The objection that a question is argumentative is a powerful weapon in the trial lawyer’s arsenal. Attorneys tend to get quite carried away during cross-examination. This objection reigns in some of the more hotly worded questions. For example, the question, “Do you want this jury to believe that you were only going 25 m.p.h. at the time of the accident?” is argumentative and…

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…

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…

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…

Exploring Coverage Under Homeowners Insurance

Perhaps the most misunderstood of insurance coverages is homeowners.  Did you know that your homeowners insurance may cover you for losses that occur away from your home?  It all depends on the language found in the small print of your policy.  Your insurance company hopes you’ll never take on the daunting challenge of deciphering that fine print.  It’s time to change that.

Insurers…

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