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Proving Damage Claims

Personal Injury Books – How To Win Your Injury Claim

My FREE new book, Winning Personal Injury Cases, examines every aspect of personal injury litigation, from how to handle the accident scene to jury trials, and beyond.  The information in this book can be used by personal injury litigants and their counsel in any state.  Send me an email at Evan@LegalAidman.com to order your FREE copy of this 343 page book.  It has sold more than 11,000…

You Be the Judge! Brother v. Sister!

Imagine you are the foreperson of a jury. The case you must decide involves a man suing his sister for injuries. What’s your first reaction? Would you be skeptical? Perhaps you might assume the siblings were colluding in order to pursue an insurance claim. That would surely demand a verdict in favor of the insurer.

In the case I’m handling, the story is far different. My client was…

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…

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…

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…

Personal Injury Litigation and the Discovery Process

The Discovery Process

In the old days, trials were even more like war than they are now. Modern discovery rules have put an end to the sneak attacks that until recently characterized litigation. These days, each side is required to respond to the other side’s requests for information concerning the case. If it fails to do so voluntarily, the court, upon the motion of the requesting party, w…

Initial Battles After the Filing of a Personal Injury Lawsuit

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…

Personal Injury Litigation and Correcting Erroneous Medical Reports

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…

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