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…
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…
POST-FILING BATTLES
Now that the lawsuit has been filed, what happens next? Sometimes the insurance company immediately makes a settlement offer. The lawsuit papers may be just the thing to get the insurance company’s attention. Often the case has not settled simply because the insurance company just has not gotten around to evaluating the case. Once it is served with the suit papers, it w…
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…
Some doctors are not very receptive to changing their records. They may take offense that a lawyer or litigant is asking them to change a record. As long as you are not asking the doctor to say something that is not true, there is nothing wrong with asking a doctor to amend a report. But the doctor may not see it that way. If the doctor will not amend the report, you are going to have to approac…
Insurance Company’s Strategy
The insurance companies often have a big bargaining advantage over you. The money rests in the company’s bank account or investments drawing interest throughout the case. Your lawyer needs to push the firm to release its grip on some of that money. You, on the other hand, may badly need the money to pay your bills and live your life. Or worse, your lawyer may need…
DOG BITES
Another kind of personal injury case is for injuries arising out of a dog bite. Most states make it unlawful for the owner of a dog to fail to keep it either confined within the owner’s premises or firmly secured by means of a collar and chain. A violation of such a law resulting in a dog bite is strong evidence of negligence. If you were bitten as a result of such a violation, it…
WHAT TO DO AFTER AN ACCIDENT
Initial Steps:
— Keep my book, Winning Your Personal Injury Claim, handy and read it.
— Be sure the Car Accident Worksheet or the Fall-Down Accident Worksheet, is filled out and stored for safe keeping. See Appendix 2 and Appendix 4.
— Go to the emergency…
If you have been in a car accident, this list will help you compile the information necessary to begin pursuing litigation. The below checklist will help you make sure that you have covered all of the important areas for your case. Compile all of this information and bring it to your lawyer. This will particularly helpful when the time for your deposition arrives. Any questions? Just…
HANDLING YOUR CLAIM
Keep in mind that you are the only nonlawyer who is permitted to handle your case. Even though your cousin Bernie thinks he can represent you as well as any real lawyer, it is not allowed by the law. It is called the unauthorized practice of law. Bernie can give you all the off the record helpful hints he wants, but if you do not retain a licensed attorney, you must sign…
