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The Ability to Choose a Venue You are contemplating invoking a lawsuit for an accident case, medical malpractice, or wrongful death. Did you know that sometimes you might have the ability to choose which court you want to bring your lawsuit in the state of New York? This is true, but in some instances, you may not have this ability to choose. This involves state court matters which is distinguished from federal court. For instance, you received medical care in New York, in Long Island for instance. You live in Nassau County though, and all the treatment happened in Nassau County. In such instance, if you happen to sue a doctor or hospital in Nassau County, then in all likelihood you will not have the opportunity to choose where you want your case to be heard, and you will have to issue the lawsuit in Nassau County. However, for example, if you are living in Nassau County and you are receiving your medical treatment in Brooklyn, which is in Kings County. If the doctors there have violated the basic standards of care, and you are contemplating initiating a lawsuit for an injury claim, you could file a lawsuit in Kings County, as opposed to submitting the lawsuit in Nassau County. Why is it Strategically Important? The question is why anybody would want to do that? Well, the venue is supposed to be a dirty secret that many people do not talk about. The jury, who is going to be sitting and listening to your particular matter, will be made up of people living in those counties. Now, in every county, you have different jury populations. There may be minorities who are more represented in certain counties than in others. This was discussed in the 1990s movie A Time to Kill by Kevin Spacey. A common thinking amongst lawyers in New York is that minorities tend to do better for injured victims, in terms of compensating them. This is not a very politically correct thing to talk about openly but some people believe politically correctness should be outlawed anyhow. However, there are strategic reasons why an attorney will choose one county over the other. Determining the Right County Now, if you have the opportunity to pick which county your case is going to be heard, and you choose the wrong county, then the attorneys representing the people, whom you are suing, will raise the issue of bringing the lawsuit up in the wrong county. The plaintiff's lawyer will then have to explain to the court why the case was filed in this county, and the judge will have to make a ruling about whether or not they are correct. If the judge finds that it is the wrong county, and the reasons provided by the attorney are not valid, then the case will be transferred to the right county. Hence, even though you have the ability to choose in certain instances, the venue where your case should be heard, you should be able to provide the court valid reasons for doing the same. It might be a strategic move, but the judge will know this, and unless you provide proper reasons, your case will be transferred back to the right county.

If your case goes to trial, who actually decides, whether your case is going to be heard by a judge or by a jury? It could be an accident case, wrongful death case, or medical malpractice case, how do you decide whether a judge or jury is going to hear your case? The Type of Personal Injury Case It will depend on the type of case you have, and when the defense has clearly acknowledged and agreed that, they are responsible for the happening of your injuries. However, the defense agreeing to the wrongdoing is extremely rare. The defense almost never says that they acknowledge their mistake and are willing to go ahead to enable the court to decide what the injuries are worth. However, if this were to happen, you would like to have a jury of your peers, deciding what the value of your injuries are worth. This would mean, six people of the community will come and sit in judgment, and will listen to doctors, and other testimonies about what happened to you and the way the injuries have affected your life. In a case where there is simply an issue of law, when the judge has to make a determination, based on the facts that are presented, in such an instance, you would want the judge to make that decision. The judge will listen to whatever testimony is necessary, and then come upon a conclusion based upon what the law says on the matter. In every car accident case, the plaintiff will claim that somebody was careless, and the other driver will turn around and refute the allegation. In every medical malpractice case, there is a clear dispute, where the plaintiff will claim that the doctor has violated the basic standards of medical care. On the other hand, the doctor and his attorney will say that there was no deviation from the standards of medical care. The Law and the Truth This same thing happens in every type of personal injury case or civil litigation, where somebody has suffered injury or untimely death. There is always a clear factual dispute. In such a situation, a jury is called upon to decide, who is more likely right than wrong. The jury has to determine who is telling the truth, and who is not telling the truth. Once the jury concludes about who is more likely right than wrong, then they can resolve those factual disputes about whom they believe and who they do not believe. Then the judge will give them the law to apply, to the facts that they have just determined. The Value of the Case Another factor that could determine the hearing of the case by a judge or jury is the value of the case or the amount of alleged damages. For instance, in many states, if the damages are less than $50,000 the plaintiff cannot request a trial by jury, and a judge will usually preside over the case. Hence, there is a threshold amount for the case to qualify you for a jury trial.

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.

There are many times in a personal injury or medical malpractice lawsuit in New York where the defending lawyer knows, and perhaps even admits, to his client's fault in the events that caused the plaintiff to file a case. And yet, many defending lawyers are wary of admitting liability outright and discussing damages and compensation in court. What is it that makes defendants and their lawyers so scared of admitting guilt? The Reasons to not Accept Liability There can be many reasons why a defending lawyer may not want to admit liability, and plaintiffs should not expect an easy win in personal injury cases either. The facts may be as clear as day, but sometimes lawyers may think that they have a better chance of cutting down the compensation claims by proving before the jury that the defendant's mistake was not intentional. In this scenario they may decide to have a full-fledged trial where the issue of liability and guilt will be discussed over and over. Sometimes, it may be the defendant who himself asks his lawyer to go for a full blown trial instead of talking damages. Perhaps because the idea of admitting to one's mistake in front of a courtroom full of questioning strangers is akin to admitting defeat for some people. On the other hand, it may be because they think that once they have accepted liability there will be no way that they can squirm their way out of a huge settlement. As a lawyer, it takes a lot to convince your client to lay down the sword. No one, repeat no one, likes to go into a battle admitting they have lost and this psychological factor can work havoc in a lawsuit if your client is not ready to understand the consequences of his insistence on a full trial. In cases with significant exposure, and where the facts clearly point to your client's culpability accepting liability can indeed be the best strategy that you can use. Convincing your client of the same may be slightly tough though. The Benefits of Accepting Your Guilt The greatest benefit that you can have from admitting liability is that you immediately gain credibility with the jury. When the facts are strongly against your client, taking the high road will only increase your standing in the court. If you decide to contest on shaky grounds, you will only invite skepticism for your defense. So if you want the jurors to listen to your defense arguments seriously, earn their trust first by accepting your client's mistakes. In many personal injury cases, it is important to show causation before damages can be claimed. The defendant may have made a mistake, but was this the only cause for the plaintiff's injuries? By admitting liability you can turn the argument towards the topics that are more important than the blame game―causation and damages. You can also choose to focus on co-defendants, if any, so that your client is judged only on his share of the guilt and not made the sole recipient of the juror's anger.

A personal injury demand letter serves as a single point purpose in a personal injury claim i.e. to get the ball rolling on negotiations. In this demand letter, which is the main focus of the negotiation process, the injured person needs to propose their strongest arguments to the insurance company. This need to include: The reason the other party is legally responsible The injuries the injured person faced and currently faces The information about medical treatment and how much it costs The income loss Any other damages suffered In conclusion, the letter calls on the insurance company to offer a lump sum in order to settle the claim. But it can be quite a tricky procedure to understand the demand letter process. This is because most people aren’t used to filing personal injury insurance claims. Usually, an injured person or their personal injury attorney will send the demand letter to the insurance company of the business or person who is responsible for causing the injury or the accident that resulted in the injury. Apart from presenting the injured person's side of the case, the letter also establishes how the injures occurred, information about those injuries, details of the treatment for those injuries and how those injuries have impacted the claimant. There is also a specific ‘demand,’ or a dollar amount in the letter, that the injured person is willing to accept to successfully resolve the case and no longer hold the other party liable. Next Steps After the demand letter is sent, any of the following things may occur: The demand may be accepted by the insurance company, and the settlement may proceed In this case, you may receive the compensation that you asked for in the demand letter. In exchange, you may be required to sign a release of liability. Usually, this does not happen without some negotiation on the part of the insurance company. The insurance company may make a counter-offer In this case, the injured party will have to consult with their personal injury lawyer to decide whether they want to accept the counter-offer made by the insurance company, re-negotiate or file a lawsuit. Once a demand letter is sent, it triggers a back-and-forth process, wherein the injured person asks for an inflated amount and the insurance company offers a much lower amount. Through negotiations, both parties settle on an amount that is somewhere in the middle. The claim may be denied outright by the insurance company and they may refuse to pay anything It is an extremely rare occurrence for an insurance company to deny a claim. The mandate for most insurance companies is to settle a claim before it gets to court. Only in instances when the claim is not supported by any evidence, that a denial occurs. This usually happens when he injured person has does not have any record of treatment or can offer not one medical bill that they had to pay or have to pay.

You may be entitled to compensation as a form of personal injury if someone else’s intentional or negligent behavior has caused your hearing loss. These types of injuries are usually work-related, in which case, the employer might be held liable as he will be considered to have disregarded certain regulations. In addition to that, if the employer failed to warn the employee about dangers from noise in the workplace, the employee might be able to pursue a lawsuit. Usually, injuries causing hearing loss result from one of the following: Prolonged exposure to very loud noises Injuries to the head during an accident Exposure to an extremely loud sudden noise Compensation as a form of personal injury claim may be recovered from either the party that causes the injury or their insurance company. Types of Hearing Loss Hearing loss is of two types: Conductive Hearing Loss Conductive hearing loss occurs sound waves cannot be properly transmitted to the eardrum by any part of the ear. Sensorineural Hearing Loss Sensorineural hearing loss is caused by damage in the inner ear, central nerve, or sound-processing portions of the brain. This means that the brain and the nerves are unable to process sound. This type of hearing loss is ranges from moderate severity to complete deafness and is usually genetic. A combination of the above two types can also cause hearing loss. Compensation Claims for Hearing Loss There might be a sizeable payment of compensation that results from hearing loss. Hearing loss can be compensated for in a personal injury action, but only if another person’s actions caused it. Compensation may also be recovered if hearing loss occurs due to a physician’s treatment. This is prosecuted under medical malpractice. It is not necessary that there be a total hearing loss. Even a partial hearing loss that lasts just for a short period of time may result in compensation. In order to be liable to receive compensation and damages, the injured person must be able to prove that their hearing was not affected before the defendant’s actions. They must also be able to prove that it was the actions or inactions of the defendant that caused them to lose their hearing. They must also show the expenses they incurred as a result of their hearing loss. Permanent damage is also compensated for and the amount of compensation received depends on whether the permanent loss is total or partial and the individual’s age. Standards for Recovering Compensation A person who suffers from hearing loss may be able to claim compensation for lost wages, past and anticipated future medical expenses, and pain and suffering. While compensation for past medical expenses is on a dollar-for-dollar basis, future medical expenses are calculated on the basis of the testimony of a physician about how much additional treatment might be required. If you have been the victim of hearing loss resulting from another person’s behavior, you should seek legal counsel right away.

There is a famous scene in the 1982 movie 'The Verdict' in which a medical malpractice lawyer played by Paul Newman is up for trial in a court presided over by an autocratic judge, portrayed brilliantly by Mila O'Shea. Paul's character objects to a line of questioning by the defense lawyer and the judge turns him down. The scene acts out something like this: Paul Newman: "Objection!!" Judge: "Overruled!!" Paul Newman "Exception!!!" Judge "Noted and thank you." Many years ago, this very scene was being played out at various courtrooms across the country. Whenever a lawyer objects to an action taken by his opposing attorney, the presiding judge has two options―either to agree with the objection and 'sustain' it, or to 'overrule' the said objection and allow the opposing lawyer to get on with whatever he is trying to get at. A Formal Way of Protest An objection therefore is a formal protest that a lawyer raises in court during a trial and it is normally done with the intention to disallow a witness' testimony or any other evidence in court which goes against the rules of evidence or some other procedural law. In the past whenever an objection was overruled, a trial lawyer would immediately jump from his seat to yell out that he took exception to the judge's ruling. An objection to the fact the first objection wasn't given due consideration. The key reason for doing so was to preserve the objection in record for the time of appeal. If the attorney did not voice his exception, the objection could be permanently waived. At this point the presiding judge could take note of the exception or tell the objecting counselor that his objection had no place in the trial at all. Making the Appeals Process Easier According to the rules of the court many generations ago, attorneys had to submit a 'bill of exceptions' which listed all the exceptions that they wished to appeal upon later. This bill would then be signed by the judge, sealed, and made part of the trial records. However, as time passed, lawyers and judges came to realize that this process was time consuming and completely unnecessary. The point of dispute could be resolved by taking into account the objection, and the surrounding record. Therefore, in the 1930s the federal courts and many state courts in America decided to abolish the process of appealing exceptions by making a list of debatable points. Some states did not out rightly abolish exceptions but like the State of California rendered them superfluous by accepting that every ruling of the trial court was automatically expected to. Today, in most US courts, it is enough to have your objection clearly stated on record and the same can be preserved for appeals. This has made the appeals process much easier and less time consuming for lawyers all across America.

The type and extent of the injury that a person suffers in an accident is the main factor that affects an injury settlement. The money that a person has spent assessing and having their injuries treated are referred to as "medical special damages" or "specials." These damages are a key indicator assessing the value of the extent and nature of your injuries in a personal injury case. Types of Injuries and their Valuations Putting a value on pain and suffering is the most difficult part of figuring out compensation for a person who has been injured in an accident. This is the main part of what the damages formula tried to do. Common reasoning therefore says that the more painful the injury, the higher the number that becomes added to the formula. Insurance companies look at pain and suffering by connecting different types of injuries with levels of pain. This may not be a very scientific approach. For instance, a sprained back can be more painful than a broken bone, at times. Despite that, insurance adjusters use the type of injury as a starting point to decide the numbers that need to go into the formula. Soft Tissue and Hard Injuries Insurance adjusters usually divide injuries into two main categories: Soft tissue injury, the major evidence of which is the description of discomfort that the patient claims Hard injury, which is an injury that can be detected specifically through a medical examination. Soft Tissue Injuries Injuries such as a strained or sprained neck, back, ankle or knee are referred to as soft tissue injuries. This is because they only pertain to muscles and other soft connective tissue. These injuries are regarded as less serious than hard injuries by insurance companies and usually assign to them a low damages formula. This is because, according to insurers, regardless of how painful they may be, soft tissue injuries are not dangerous or permanent. They know that if a personal injury claim ever went to court, clearly proving what the soft tissue injuries were, would be extremely difficult for an injured person. Hard Injuries Hard injuries are considered more serious in nature as compared to soft tissue injuries. Therefore, they are awarded higher monetary damages. The value of a personal injury claim for damages goes up if a person can identify anything in their medical records that has been observed by tests such as X-rays or a doctor, as something other than a sprain or strain. The value of a personal injury case would increase regardless of all other considerations, if an injury required any intrusive examination by a doctor, or a physical repair. This could refer to setting a bone, stitching a wound, or an arthroscopic examination of a joint. There are different categories of hard injuries. These are: Broken bones Wounds Head injuries Dislocations, separations, and cartilage or ligament tears Vertebrae or spinal disk injury

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". Actually, the "but" does not count, and "almost" does not count, since they are both speculative. This means that even if you could have died or almost died in the accident, it will not play any part in whether or not you have a valid accident case. Speculation cannot be Part of any Type of Personal Injury Case In instance of medical malpractice, the patient might feel that the doctor has caused harm because he failed to deliver basic standard of medical care. If the wrongdoing was not recognized in time, and if steps were not taken to correct the issue, it is possible the patient would have died. However, a case cannot be built on speculation, and the lawyer cannot tell the jury that patient could have died. The jury will turn around and observe that the patient is still alive. The jury will be mainly concerned with, what type of injury was sustained, and what amount of compensation is the patient seeking. An injury case cannot be entertained based on the patient "almost dying". Liability, Causation, and Damages An injury case can only be based on negligence or carelessness. The jury will see whether the carelessness has caused any injuries. Then the jury will decide what types of injuries you have suffered, and whether these injuries were of significant or serious nature. The jury can only calculate the damages based on the nature and seriousness of the injuries. Therefore, only when the jury decides that the plaintiff was more likely right than wrong, and that there were serious injuries due to the negligence or carelessness of the defendant, then only damages can be awarded. Typically, you will find that most experienced accident and medical malpractice lawyers will not take up cases where the person has suffered minimal or non-serious injuries. Additionally, no accident attorney is going to take speculative cases because speculation cannot be part of any case. There should be clear liability, causation, and damages. Legally, a jury is not allowed to provide compensation for speculative injuries. Therefore, when injuries are speculative, the case cannot go forward, and no jury can rule on damages for speculative injuries. The jury can only provide compensation for the harm and injuries you have suffered in an accident due to the negligence or carelessness of the other party. Therefore, even if you feel that you almost died due to the carelessness of the other driver or due to the negligence of the doctor, you do not have a case. Only when you have suffered actual injuries that are of a serious nature, you can file an accident lawsuit.

"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 into the matter and find out whether your case has any merit. This notice of claim is very important because if you do not file this notice as per the specific requirements, it can be dismissed, which means you cannot bring a lawsuit against the municipality. Requirements for a Notice of Claim In the notice of claim, you have to include certain important things, which are: Date and time when the incident occurred Where exactly the incident occurred How the incident occurred What type of injuries you suffered because of whatever it was the municipality did improperly or fail to do This notice will then have to be signed by you and notarized as well, before submission. Where to Submit a Notice of Claim Submitting the notice of claim to the proper authority is very important. There are many types of municipalities in New York State. The place could be a municipal town, a county, or it could be New York City. This has to be done correctly because when you serve this document to the wrong authority or entity, your case is over. This is because you have not given the correct municipality the notice or opportunity for investigating the matter and for determining whether your case is valid. There is a pre-requisite or specific requirement in municipal cases, where you are required to file the notice of claim first, and provide the municipality an attempt to investigate, and then only when a certain amount of time has elapsed, you will be permitted to file a lawsuit. All these steps and requirements are important, because if you do not follow them your claim will not be entertained and you will not be permitted to file a lawsuit. An Uphill Battle Filing a personal injury case against any government body is challenging, as there are specific rules to be followed. In the state of New York when you are claiming compensation from a municipal body, your first step would be to submit a notice of claim with the required information. Your notice should clearly state when and where the incident happened, how it happened, what your injuries were, and why you feel the municipality is responsible for what happened. Attention to Detail Secondly, this notice of claim has to be submitted to the proper authority, and it could be quite confusing because there are many municipalities in New York. If you address the notice to the wrong municipal department, you will not even have the chance of filing a lawsuit, because the correct municipality will not be aware of your 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. Ways to Exclude a Candidate from Becoming a Juror During the jury selection process, the trial attorney has two ways of removing a possible juror from being selected. One way is to use a peremptory challenge, where the trial lawyer does not have to give any reason whatsoever, for excluding that particular potential juror. A lawyer has tree opportunities to use a peremptory challenge. Another way of removing a potential juror from being selected is "challenge for cause". The lawyer will usually use this procedure for asking the judge to remove the juror, so that he can save the three permitted opportunities for peremptory challenges. When the lawyer uses challenge for cause, it will also be a teaching point for everybody else. Additionally, the lawyer will also be asking everybody in the room, whether they have similar beliefs. Challenge for Cause If we take the example where one juror declares that, no victims should be given any compensation, it is possible that particular potential juror could have tainted the whole jury pool. Therefore, now, the trial attorney will have to ask each of potential jurors whether they subscribe to similar ideas. Each of the potential jurors will have to be asked what they think about awarding compensation to an injured victim, or whether they agree to the opinion of that particular juror. If any other potential jurors agree with this opinion, then the lawyer will have to ask them why they do so. The lawyer will use this as a teaching point and will be challenging each one of the potential jurors who subscribe to the idea of not providing compensation to an injured victim. The lawyer will have to show each of the jurors that an injured victim has all the rights to bring a lawsuit. The lawyer will further explain: that if the victim is successful in showing that he is more likely right than wrong that the other party had done something incorrect or was careless that the carelessness was a direct cause of the injuries suffered by the victim Then the victim is legally entitled to claim compensation for the losses and harm suffered. The victim's lawyer will use the opportunity of removing that particular potential juror, as a teaching point. Additionally, it is paramount to know whether the other potential jurors have the same type of beliefs or not. Even if one of the candidates declares openly that the victim should not be compensated, then it can contaminate the whole jury pool. Therefore, the lawyer will have to use challenge for cause to not only remove the juror but also to educate others.

When an attorney asks for daily copy, he is asking for transcripts. This is an expedited rushed transcript of all the questions that are being asked during the injury trial and the answers and statements made by people taking the stand. Obtaining a daily copy is expensive, because the court stenographer, who is taking down whatever is happening at the trial, has to expedite in making a transcript of what has been recorded. Why is a Daily Copy Required? A daily copy can be quite useful. The attorney who asks for the daily copy will have the exact information about what was said during the course of the trial. The lawyer will be able to use that information while cross-examining any particular witness, and he can use the information to help prepare for closing arguments. Having the transcript is also very useful when the attorney wants to quote something specific that was said. The lawyer can read from the transcript and quote the question and a specific line from particular answer. This is pivotal, since a lot of information is generated at a trial, and it is easy to overlook certain details, or not pick up on important points, when you do not have the transcript. Hence, when an attorney asks for daily copy, he is asking for the transcript about what happened during the course of the trial. In most instances, the attorney will not ask for the daily copy of the entire trial because it will be huge, and the cost will be prohibitive. However, in most cases, attorneys often ask for daily copy to know what was said exactly in opening statements, and in the testimony of key witnesses. This will help them prepare the exact wording of what was asked and what was answered, which will be very important while cross-examining a witness or for preparing closing statements. Daily copy is especially crucial in a medical malpractice case, when the attorney needs to quote exact figures or specific technical phrases made by witnesses. What is "Objection" During a Trial? During a trial we often hear, one attorney calling out objection to a question asked or a statement made by the opposing attorney. The lawyer after calling the objection will have to explain to the judge why he believes the question is not being properly asked or not being properly phrased. The judge has to make an immediate decision about whether or not to allow the question, and to allow the witness to answer the question. Objection Sustained or Overruled When the judge says, "objection sustained", it means the judge agrees with the objecting attorney, and the other attorney cannot ask the particular question. The judge will also instruct the witness not to answer the question. If the judge says, "objection overruled", it means the judge does not agree with the reasoning of the objecting lawyer, and the other lawyer can go ahead and proceed with asking the question.