Novel Virus Leads to Novel Tsunami of Litigation
COVID-related losses have spawned a wave of litigation as consumers and injured parties seek compensation for their damages. Among the most frequent claims are consumer class actions against:
1. Gyms and sporting clubs that continue charging monthly dues and membership fees even though their doors are closed, and
2. Ski and other resorts…
An adjuster suggested that my case was worth only “nuisance value.” I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife.” The adjuster chuckled.
I try to approach my communications with insurance companies and their lawyers with a touch of humility, and where appropriate, humor. They may be expecting…
Let’s examine one kind of claim which often leads to hearing loss and damage. Air bags save lives. They can also destroy hearing. The explosion of an airbag can create a deafening roar producing tremendous ear pain, loud ringing, and bleeding from the ear canals. When airbags are deployed, there is an inherent injury risk from the high-amplitude, short-duration noise from deployment. The peak…
If you are suffering hearing loss and/or Tinnitus after a car accident or other trauma, there are steps you can take to maximize the settlement of your claim. First, you should consider becoming active with the American Tinnitus Association website and support groups so we can argue that you have tried everything. There are a lot of homeopathic treatments out there too. Keep track of all you hav…
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…
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
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…
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…
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…
