Creativity is required when you need to present evidence that supports your case. I usually advise clients to save their shoes in a trip and fall case because quite often a defendant will infer that a worn out shoe, a broken heel, or worn out sole was the cause of a plaintiff’s fall. The saved […]
The case of “The Shoe Fits” Read Post »
After having been involved in an accident, preserving evidence of the accident may be the last thing on the mind of an injured person. The injured person is focusing on their pain, not a lawsuit. However, you should be aware that ocular proof best satisfies the burden of proof that is upon the injured person when
Preserve all evidence following an accident – e.g., photos, videos, clothing, etc Read Post »
Barring an incredible software glitch, a traffic signal can display a green light for only one set of drivers at a time. However, it is common that following an intersection accident, both parties will (strangely enough) claim that they proceeded on a light in their favor. Chaulk it up to misperception (at best), but without
Most people cringe when they receive a notice to appear at Jury Duty. It is a civic duty that interrupts our work and family activities, hence it invokes anxiety. However, when we appear at the courthouse to answer ready for duty, it becomes clear that being a part of the jury system enables our
Jury Selection – An important civic duty Read Post »
Since the burden of proof is on the plaintiff (in my firm, usually the injured person), it is best to do a thorough investigation to uncover clear, objective, and compelling evidence. One of the things that makes me happy is when my investigator is able to locate a non-party witness that can relate positive testimony
What is a “Non Party Witness”? Read Post »
If you are injured in a car accident (and able to ambulate, of course) you need to take photos of the damage to your vehicle, as well as the damage to the other vehicle(s) involved, and the general scene of the accident. Any cases involving a a trip and fall accident due to a defect
If you are injured in an accident, use all tools available to you to preserve evidence Read Post »
In this digital age, it is no surprise to see photographs of damage to vehicles and injuries that were taken at the scene. People are less punishing when these photographs are presented to juries (or at depositions) since most people carry a smart phone with a camera. It would have been previously considered distasteful for
If you are in an auto accident, take photos of the property damage Read Post »
After you have spent an entire weekend, 12 hours a day, preparing your witnesses, reading all depositions transcripts, contacted your expert witnesses to schedule their appearance, reviewing police reports, and written a draft of your Opening Statement, you are now ready to have a real trial conference with the judge assigned with your case. It
Outline of a Lawsuit – The REAL “pre-trial conference” on Day One Read Post »
The word “advocate” is derived from the Latin for “One who is call for to render aid.” There is no better definition to describe what a lawyer’s responsibilities and duties are to his clients. We are trained to get you through difficult times such as a accidents which render you injured, disabled from work,
Su abogado necesita comunicarse con usted! Su abogado es su defensor ! Read Post »
Sometimes I counsel potential clients and we discover that the person does not qualify to bring a lawsuit. There are various reasons that a person may not bring a lawsuit, including the fact that they were fully responsible for the accident, that there is no viable defendant to sue, that defendant has no insurance (in
Not injured / No Case. . . however, you can receive other benefits Read Post »
Most doctors who testify on behalf of defendants (and for all intents and purposes, insurance carriers) are engaging in a lucrative enterprise that barely resembles the practice of medicine. These doctors generally have their own medical or hospital practice and are supplementing their incomes by examining plaintiffs solely for the purpose of litigation. They are
Outline of a Lawsuit – Part 27 – Cross Examination of a Defense Doctor Read Post »
Muchos migrantes en los Estados Unidos piensan que su calidad de indocumentados, no les permite gozar de ningún derecho en el país, como lo comente en algún blog anterior esto es falso. Existen Derechos Humanos los cuales protegen a todo individuo sin importar su estatus migratorio. Tanto la Declaración Universal de los Derechos Humanos como
Let’s be honest – Jurors are performing their civic duty reluctantly. They need to leave their jobs, family, and their daily routine to listen to disputes between complete strangers. Generally speaking, they would rather not be in the courthouse performing jury duty. Therefore, as a trial lawyer, the onus is upon you to make their
Outline of a Lawsuit – Part 26 – Presenting your case on the issue of “Damages” Read Post »
