Reasons Why the Defense Often Refuses to Settle in Accident Cases
You might think that you have a strong case, but you are unable to understand why the defense is refusing to settle, and wants to go to trial. You have suffered serious injuries due to the carelessness of the other party, and due to these injuries, you have developed certain disabilities that are going to […]
Do You Choose a Judge or a Jury Trial in a Personal Injury Case
In the state of New York, when you file a personal injury lawsuit, you have the option of having your case heard by a judge or by a six-member jury. When the case is heard by a judge, and the judge renders the decision, it is called a bench trial. However, most injured victims in […]
What does Negligence Really Mean in Accident Cases
Negligence is a common term you will hear in personal injury cases, whether it is an accident case, medical malpractice case, or wrongful death case. It is important to know what negligence actually means, since the whole case is mainly based on proving negligence. When we talk of negligence, it means carelessness, or the lack […]
Should You Videotape the Deposition of the Defendant
A deposition is a question and answer session that takes place before the trial. The answers are given under oath and the deposition usually takes place in the office of an attorney. The judge is not present at a deposition; however, a court reporter or stenographer will be noting down all the questions and their […]
Preventing the Defense Attorney from Prejudicing the Jury in Accident Cases
In New York, as in any other city, accident cases are being filed each day to claim damages for the victims. In order to reduce the compensation amount, defense attorneys employ various strategies and techniques to influence the opinion of the jury. The lawyer of the victim has to make sure the jury is not […]
An Accident Case cannot be Filed Based on Speculation
Many accident lawyers frequently receive clients who want to file a lawsuit because they feel they could have died in the accident. However, the fact is that they did not die, and when this fact is pointed out to them, they become indignant. They usually argue, “But I could have died” or “I almost died”. […]
The Importance of a Notice of Claim in a Municipal Lawsuit in New York
“When you are suing a municipality in New York State for personal injury, you have to fill out and submit a notice of claim. This piece of paper puts the municipality on notice, informing them that you intend to file a lawsuit against them. This notice enables the municipality to carry out a small investigation […]
Presenting Photographic Evidence in Accident Cases
Usually in court, the plaintiff’s lawyer will want to present new photographic evidence to the court, and the defense lawyer will raise an objection saying that no foundation was laid for such evidence. Whether it is a wrongful death, medical malpractice, or personal injury trial, the lawyer simply cannot present a photo as evidence, and […]
Jury Selection in a Personal Injury Case
Jury selection is an important process for any case, and a civil trial attorney will have to be vigilant about the prejudices of any jurors during the selection process, especially when a possible juror declares that a victim does not deserve any compensation. The trial attorney will have to remove such jurors from jury selection. […]
In an Accident Case, are Injuries Worth More When Victim is Dead?
Are New York car accident cases worth more when the victim is dead? Many accident trial attorneys are asked this question. Most clients will usually come and say that they almost died or could have died in the accident. The question that comes up is whether injuries are worth more if the victim has died […]
