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Requests to Charge in a Personal Injury Case

What are Requests to Charge in a Personal Injury Case

At the end of the trial, before giving closing remarks, the lawyer has to give the judge a list of various areas of law, based on which, he wants the judge to give instructions to the jury. This is called requests to charge. This list has to be provided by both lawyers to the judge, and the judge will go through these lists and decide what should be instructed to the jury. The set of instructions given by the lawyers will be different. The defense attorney will have a set of instructions that he would want the judge to tell the jury, while the plaintiff’s lawyer will have a list of instructions that will be favorable to his client.

Holding a Charge Conference

After requests to charge have been submitted to the judge, there is a charge conference. This conference is held in the private chambers of the judge with the court stenographer present. At this conference, the judge will go through the lists and hear arguments from the attorneys about why he should or should not give specific instructions as asked in the requests. During the conference, the judge will ask each attorney why he wants the particular charge given, and the concerned attorney will have to give an explanation. The opposing attorney will also get an opportunity to give his response, as to why that particular instruction or that particular area of law should not be given. After listening to both attorneys, the judge will then have to make a decision about whether the instruction should be given to the jury or not. In this manner, the judge will go through every single request made, and make his decision. The judge will go through the list of the plaintiff’s lawyer first, and of the defense second. At the end, the judge will say that he has all the requests to charge, and the judge might even include some of his own, that he feels are important to instruct the jury.

Why is it done?

Requests to charge and having a charge conference is done because of the key reason that before the lawyers give their closing remarks, they are fully aware of the instructions that the judge is giving to the jury about what the law is regarding this particular case. This is critical because the attorneys will not get a chance to comment about some of the laws and some of the instructions that the judge is going to be giving to the jury. For instance, the lawyers can tell the jury that they are going to hear from the judge specific instructions about what it means if a witness had lied, or they had determined that a witness had lied. Hence, when the judge gives the instructions, the jury will be tuned to it and they will be giving particular attention to what the lawyer had indicated in his closing argument.

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April Johnson
April Johnson
15:54 30 Jun 23
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
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Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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