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What is Authorization? Authorization is merely a piece of paper that gives somebody permission to get copies of your medical records. If you are contemplating filing a personal injury lawsuit such as a medical malpractice case or an accident case, it is pivotal to know and to comprehend this information. When you approach an attorney to file a personal injury case, your attorney will need to obtain copies of your medical records. The only way your doctor or the hospital is going to release your records is when they have a special permission slip from you known as an authorization, which allows them to do that Why are Medical Records Important in a Personal Injury Case? Your medical records are the only evidence available to prove in court that you have suffered physical injuries and harm. There is no other way you can present your injuries to the court. Secondly, by the time your case comes to trial, you would have already received treatment for your injuries and you might have recovered. However, your medical records will contain the correct information about the injuries you had suffered after the incident and the ordeal that you went through. Your whole personal injury case is based on making a claim of compensation for your injuries, and therefore it is critical to prove what type of injuries you have suffered, the severity of your injuries and the treatment that is required now and in the future. All this information can be shown in court through your medical records. Why do You need to Give Authorization to the Defense? Assuming that your attorney has determined after reviewing your records that you have a valid basis for a case there are certain actions that have to be taken. The main one is after your lawsuit has started, the lawyers who represent the people whom you have sued will also be entitled to obtain copies of your medical records as well. They will be authorized to see that information – your medical records. Many clients ask why they have to provide authorization or permission slips to the defense. The reason is that when you submit a personal injury lawsuit seeking compensation for your injuries, you are basically claiming that somebody did something wrong and because of that you suffered from a physical injury, harm, and a disability. The defense lawyers are entitled to receive copies of your medical records to evaluate for themselves whether your claims have any merit. The Defense will want Copies of Your Records Directly from the Source The defense will often not rely on the copies of your medical records that your lawyer has obtained on your behalf. Based on this understanding, they will ask for and you will be required to grant them authorization or a permission slip, so that they can go directly to your doctors and request copies directly from the source. At that point, the defense will have the opportunity to evaluate your medical records properly and to their satisfaction. Therefore, an authorization is critical, and it is required you provide it in the course of a personal injury lawsuit in New York. If you seem hesitant to do this, the defense is going to smell blood in the water.

What is the Value of Your Case? How do you know, whether your personal injury case is worth $85,000 or $145,000 or even more? Who decides what your case is worth? Many times when an injured victim goes to a lawyer, he not only wants to know what his case is worth but also wants to know who decides what his case is worth. Well, in a medical malpractice case, accident case, or a wrongful death case, what winds up happening is that as your case proceeds through the litigation process, the lawyers will have an idea and opportunity to understand the true extent of your disabilities or the severity of your injuries. On the other hand, in a wrongful death case, the lawyer will try to find out economic losses such as lost income, and non-economic losses such as pain and suffering up until the time of death. Lawyers Try to Determine the Value of your Case Based on this information, the bottom line is that your lawyer will try to determine the complete value of your case, and so will the defense lawyer. In most personal injury cases, the insurance company will also be involved in determining the worth of your case along with the defense. When the parties involved cannot reach a settlement during the litigation process then ultimately the jury will decide the true value of your case. Some people believe that the trial judge will make a recommendation to the jury about what the value of your case is. However, this is a fallacy. The judge cannot make a recommendation because he or she is supposed to be impartial, and is not supposed to care about who wins the case. Therefore, the judge is certainly not going to tell the jury what the value of your case is. It is only for the jury to decide. At the end of the case, your lawyer will certainly explain to the jury, why he believes your case is of a particular value. Your lawyer will go through the different elements germane to the damages and ask the jury to award you a specific amount of money to compensate you for your injuries. The jury is free to award, what you ask for, or less, or more than what you have asked for. On the other hand, the defense will relay to the jury that you are not entitled to anything, and even if you are, the amount should much less than what your side is asking for. Jury Decides Ultimately Therefore, ultimately the value of your case is decided by the jury. The defense will try to ameliorate this amount down as far as possible. And if they do not like what the jury has awarded you, or what the trial judge has done with the jury's decision, then they can appeal the final verdict. So do not celebrate too quickly or too loudly if you receive what you have been asking for!

Defense Wants to Negotiate You have filed a personal injury case to claim damages for the harms and losses you have suffered because of your injuries. Now the defense wants to negotiate and they ask what the bottom line number is in this case. You and your lawyer, provide a bottom line number, but what happens if the defense comes with a much less or slightly less counteroffer? It could be an accident, medical malpractice, or even a wrongful death case, the defense will want to start negotiating, and will ask you for your bottom line dollar amount. This means the least amount that you are willing to accept for compensation. However, after you tell the defense what your bottom line figure is, and they come back with an offer that is less than what you have asked, what options do you have? What is Your Bottom Line Number? For instance, suppose you tell the defense your bottom line number is $110,000, and they come back and say they are willing to offer you $95,000. What happens then? Your original demand might have been $200,000, but now you have told them your bottom line number is $110,000, and they are offering $15,000 less just to see your reaction or perhaps they do not have too much respect for your acuity. Do you take it or not? Well, you have a number of doors you could possibly open at this point. When you have told them your bottom line number, it technically means you will not accept anything less than that amount. However, the defense is offering something that is only slightly less. There are victims, who stand on principle and say they are not willing to accept anything less that their bottom line number, and they will fight tooth and nail to get that number. An Ostentatious Strategy Asking for the lowest monetary denominator is in fact a strategy by the defense and insurance companies to try and low ball you every time. They ask for your bottom line number and then they will come with an offer than does not reach but approaches the number you have told them. There are defense attorneys who are straightforward, and they will come back only if they have permission from the insurance company to pay you your lowest dollar figure. However, most defense attorneys will come back, offer a lesser amount, and say that it was the best they could do under the circumstances. If the defense has made such a counteroffer, your lawyer is obligated to tell you this figure, and discuss the risks associated with turning down such a significant offer. One of the key risks is that is it worthwhile to fight over $15,000, and take the case to trial? It might be, but then again it might not. Additionally, there is also the chance of the jury ruling in favor of the defense, and you may end up with nothing after many months have passed and possibly a year’s worth of time.

The autopsy report says death due to natural causes, but is it really what it means? Importance of an Autopsy Report in a Wrongful Death Case In a wrongful death case, it is essential to attain the autopsy report because it helps determine whether there was wrongdoing that caused or contributed to the death of your loved one. A pathologist is a doctor who specializes in evaluating people who have died, and he is the doctor who will perform the autopsy. Pathologists will conduct a thorough internal examination to determine the cause of death. Many times the language they use in their reports will be ambiguous, and they do that for a number of reasons. There is a prominent author named Patricia Cornwell who created a character named Dr. Kay Scarpetta. Scarpetta is a fictional medical examiner (ME) or pathologist if you ever want to learn about what this person does in more detail and be entertained simultaneously. Death Due to Natural Causes can Mean Many Things Therefore, when the pathologist writes down, death due to natural causes, it may not be that. Here is the reason why. When a person dies, the doctors are going to put down that the heart stopped, which means there was a cardiac arrest. Alternatively, they might put down that the lungs stopped, which means there was cardiopulmonary arrest. However, the real question is why those major organs stopped working properly. Was it because of trauma, was it because of an accident, or was it because of a massive infection that was not diagnosed? What were the precise reasons for why those critical organs actually stopped? To understand that, ―you have to evaluate the entire autopsy report―you have to review all the medical reports to determine why your loved one died. Based on these events, when the pathologist automatically puts down, death due to natural causes, it may not be the true reason why the person died. Protecting their Own The next reason why a doctor may not accurately put down in clear phrases that another person could have caused this person's death is because typically one doctor does not like to point fingers at another doctor. Especially, when the death has occurred in the same hospital where the autopsy is being performed. For instance, the death occurred in a particular hospital and they perform the autopsy in the same hospital. So what is the likelihood of the doctor who performs the autopsy actually pointing their fingers at another doctor or doctors in the same hospital? This may be one of the reasons why the language in the autopsy report does not clearly state that the person's death was due to improper medical care that they received in the same hospital. An Independent Medical Review Therefore, if you feel, your loved one has died due to some wrongdoing of the hospital or doctor; you need not give up your wrongful death case just because the autopsy report says death due to natural causes. Of course, this will be a setback, but you can hire a medical expert who can evaluate the autopsy report as a whole, and also look into the medical records of your loved one to figure out the actual cause of death. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

What happens in a Personal Injury Case? When you have filed a personal injury case, which could be a medical malpractice case, accident case, or even a wrongful death case, your case will eventually go to trial when settlement negotiations have failed. Your trial can take several days or even months depending on the complexity of your case and the number of witnesses each side is bringing to the stand. After the trial is over, the judge will provide certain instructions to the jury about your case, and then the jury will be sent to a separate room to deliberate so they work on reaching a verdict. You will be eagerly waiting for the jury's return since you have already waited a long time to obtain compensation for your injuries. You may even inquire with your lawyer pertaining to how long can a jury deliberate over your case. Is there a Time Limit? The answer is: a jury can deliberate for as long as they want. There is not any law that sets a time limit or any restrictions on how long a jury can take to deliberate over a case. Like a baseball game, there is not any time clock. Therefore, you could receive a verdict within a few hours, or the jury might take several days, weeks, or even longer to deliberate over a case. When deliberations are extending passed the one day mark, the jurors are provided separate accommodations, and no one is allowed to interact with them except certain court officials who are in charge of taking care of their needs. Each day, the jurors will start their deliberations and continue deliberating throughout the day. At night, they will then retire and resume the next day if they have not reached a verdict. In reality, the jury has to go back and decide who is responsible for what happened to you. If they find that the defendant was responsible for carelessness or some wrongdoing, the deliberations are still not over. Next, they have to see if this wrongdoing or carelessness was the direct cause of your injuries. If the jury finds a causal link between the wrongdoing and your injuries, they will start deliberating over the extent of your injuries and the amount of compensation that should be awarded to you for the harms and losses that you have suffered. On top of this, they must consider your future and how long this suffering will continue because of your injuries. Jury Animosity Therefore, the jury has a lot to deliberate over germane to all categories that they must find a resolution to. Therefore, this chapter may be long. Deliberations can extend over several days, especially when there are disputes or infighting amongst the jurors, and they are not able to reach a consensus on a point or several points. There might come a point where there is an impasse and the jury is unable to proceed further. In such instances, the judge might remind the jurors of their obligations to society about reaching a decision and providing a verdict for the case. However, again, there is no fixed time, and the jury can deliberate for as long as they want. This is not like a basketball game, there is no 15 minute quarters.

Why do People Dread Jury Duty? You have jury duty scheduled but you are dreading to go and sit there for weeks and weeks, deliberating who is right and who is wrong in a medical malpractice case, in an accident case, or even a wrongful death case. You simply do not want to attend, and you have already fabricated in your mind a story that you are going to tell the attorneys during jury selection something you are hoping the prohibits you from being a part of the jury. Your Fears are Unfounded Here is something that will alleviate all of your fears. Did you know that after the trial is over, you, along with other members of the jury, will go to a separate room to deliberate? You are not going to decide who is right and who is wrong. You are going to decide, rather, who is more likely right than wrong. Additionally, you do not have to sit in the jury deliberation room for weeks on end, trying to find the perfect outcome and who is 100% right in this particular case. You are actually not meant to do that. Why, because, you are not held to that standard. This is wrong mindset to have. You do not have to be there for days and weeks, trying to figure out with one hundred percent certainty if what the injured victim is claiming is true. Instead, what do you have to do? You only have to determine that the injured victim has shown you that he is more likely right than wrong. Even if the injured victim tips the scales ever so slightly, you can go ahead and rule in his favor. This is what you have to do as a juror, and nothing more is expected of you. Hence, you do not have sit there for weeks on end, making one hundred percent certain that what the injured victim is claiming is true or what the other side is claiming to be true. Instead, you only have to conclude that what the victim is saying is more likely to be right rather than wrong. However, this does not mean you simply decide on a whim. You have been present through the whole trial and will know everything about this case. While deliberating, you will have see if the victim has managed to show that the defendant was responsible for negligence or wrongdoing, and this wrongdoing caused the injuries and/or loss of income. Once you have determined that, the next step is to calculate an adequate compensation amount for the victim, for which you will be given guidelines by the judge. Clear Differences Hence, your job as a juror is not that difficult and it is part of your civic duty as well, and there is no need to dread jury duty for a personal injury case. If it were a criminal case, then it is another story altogether since you will be held too much higher standards and will have to carefully sift through all the facts of the case and come to a conclusion beyond all reasonable doubt. This could be a monumental ordeal.

In a personal injury case that is settled during the course of a pretrial conference, is it required to put the settlement on the record, in open court. Do You need to Put Settlement on the Record? To answer if it is required, no it is not required. However, is it considered a best practice to do this? Yes, it is. Why is that? It is to make sure that the client understands that the case is over, once he agrees to settle it. It is to make sure the client is making this decision under his own volition and without any outside coercion. The settlement has to be put on record so that the client clearly understands and recognizes that this case is finished. How is it done? Here is an example. The lawyers are trying to settle a personal injury case during a pretrial conference, where the plaintiff or victim is present. The judge is also present on the bench, and a court reporter is taking down all the information. The victim will take the stand, and his lawyer will ask him a series of questions, which will typically be questions of this nature: Do you recognize that by settling this case you cannot come back and reopen it? Are you doing this settlement of your own free will? Has anyone coerced you or forced you to enter into this settlement agreement? Are you taking any medications today that might impair your ability to go ahead and settle this case today? The judge then will ask a series of questions to the plaintiff, and one of them will be: Are you satisfied by the legal representation by your attorney? Why is it done? The point of putting all this information about settlement on the record means the court reporter is recording all the questions, all the answers, and the idea is to get the plaintiff or victim to recognize and fully understand that this ends the case once and for all. The court, the defense attorney, and the victim and his lawyer will recognize that the case is over. Once this is done, nobody can come at a later time and try to reopen the case and start a ruckus about how they are unhappy with how this case was concluded. Therefore, putting a settlement on the record is not a legal requirement. However, it is prudent to rule out any misunderstanding or for the victim to be under some mistaken understanding. Once the victim has agreed to a settlement, it is important for him to know that he will no longer be able to pursue this case. An official settlement marks the end of the case, and the victim has to understand that the particular amount he has settled for is all that he is ever going to receive. Putting a settlement on the record could also reveal if there is anybody threatening the victim to settle, or if he is under some type of duress. The victim will declaring in open court under oath that he is accepting this settlement of his own free will and there was no one forcing him to open this door and walk through it.

When a judge says decision reserved, it means that now he has heard oral arguments from the two attorneys or sides on the different issues involved in the matter and rather than reach for an immediate decision, the judge reserves giving the decision at a later date. The judge does this because he is going to take time to do the research, to evaluate the issues, to learn what the positions are, and then come to an educated decision about which side is correct and which side is incorrect. Why does Judge Reserve Decision? The judge will have an assistant who is known as a law clerk or law secretary, who will help the judge fabricate a decision that establishes what the issues are, that discusses what the pertinent law is, and then offer a rational explanation about why one side is right and one side is wrong. Additionally, there is one more reason for the judge to flip the switch for a decision reserved. If the judge had given an immediate decision, without knowing all the other information there will be problems during the oral arguments. In such an instance, the judge will be siding with one party and the other party is going to be irate and have a reason to be irate. There will be lot of arguing, bitterness, and the losing party will want an explanation from the judge on different points and will also want the judge to reconsider his decision. The judge will want to avoid circumstances where he has to argue with the losing party and would want to give a reasonable educational response about the matter that justifies why he took the route that he chose. What happens after the Judge has Made a Decision? When the judge says decision reserved, and then makes a decision after his research, the copy of the decision is mailed to both attorneys who have time to evaluate the decision and talk to their clients about it. Hence, anytime in your personal injury case that you hear the judge say decision reserved, it means he needs time to come to a decision after conducting research and evaluating various aspects of the matter. The judge will come to a decision based upon the law, their opinion, and the arguments that were made by both sides. Therefore, decision reserved is used by judges when they need to study the different arguments by both lawyers in detail, research the legalities about the matter, consider the different options that are possible, and ultimately make a decision that is the most appropriate based on this case and this case’s implications. The judge will usually reserve the decision for complex issues which will require gathering more information on the situation so he or she can make an informed decision. Sometimes there may be many factors involved, and the judge might need time to consider all these factors relating to the case. Secondly, once the judge has said decision reserved, both the attorneys know that the matter is going to be considered in detail and therefore the ultimate decision made by the judge will not be made that day.

If you settle your case in open court, why does the judge want to know whether you are doing this under your own volition? Settling in Open Court When you settle your personal injury case in court, it means in open court where anybody can come and go, and you have put your settlement on the record. Furthermore, the judge and your attorney will be asking you questions about your actual settlement. One of the questions will be whether you are settling this case of your own free will. In other words, is someone forcing you to settle your case? Are you under any duress whatsoever? These questions are asked because the judge wants to know, and wants to make sure that nobody is forcing you to settle, and that you are doing it freely and voluntarily. This is a critical component of agreeing to settle in open court. Once You Settle, Your Case is Over The judge also wants the injured victims to realize that this is it, and once the case is settled they can never come back to court ever for this same case. This is critical for you to understand, since once you agree to a settlement, you cannot reopen this case for whatever reasons. Your case will be over and you can no longer argue about anything. However, if someone is forcing you settle your case it will have many repercussions. The judge will immediately disallow such a settlement, which means your case can still go on. Secondly, it is illegal to coerce somebody to settle, which means the judge might order an inquiry to find out whether you were indeed being coerced. This will not only lengthen your personal injury case but you might have to deal with a separate criminal case involving the person who has forced you to settle. Therefore, when you have filed a personal injury case, make sure your lawyer handles all the negotiations. You also need to be present while the negotiations are going on to keep track of what is happening. When you have suffered significant losses and injuries, your claim will be a sizeable amount. Notify Your Attorney If you have a strong case, the defense might first want you to settle for a lesser amount and when you refuse, there is a possibility of someone forcing you to settle since there is lot at stake. If you find yourself in such a situation, you should immediately tell your lawyer since he can advise you on various legal options to counter this threat. If someone forcing you to settle your personal injury case, then he or she can use different methods to coerce you. You might be physically threatened or you might be blackmailed. The defendant can resort to different tactics to intimidate you. If you feel that the defense is trying to force you into a settlement, you must immediately report the matter to your lawyer or the court.

The Procedure of Who Goes First and Last in a Personal Injury Case A lawsuit can be brought seeking compensation for the harms and losses that a person has suffered because of someone else's carelessness. It could be an accident, medical malpractice, or even a wrongful death case. The person who initiates the lawsuit has an obligation to prove the case to the jury. This means the plaintiff has to show that he or she is more likely right than wrong. Hence, the plaintiff bats first at the beginning of the trial. As the victim, you have to show to the jury that the person or company was wrong; they did something careless that caused you injuries and harm. The person who is sued then has an opportunity to rebut these arguments. At the very end of the trial, as both sides are getting close to making their closing remarks or closing arguments, also known as summations, the attorney who is defending the case is the one who is able make the closing arguments to the jury first. The reason this is done is that it allows the person, who is filing the lawsuit to have the last word literally. Therefore it is the defense attorney who is able to address the jury first during the closing remarks or the summation. He will have the opportunity to explain to the jury what he believes the facts of the case were, and what conclusions the jury should reach on behalf of the defense. After the defense lawyer has finished, your lawyer will have the opportunity to make his closing remarks. Why does the Plaintiff get to make the Final Remarks? The reason you go last is that you now have the last opportunity to explain to the jury why they should award a verdict in your favor and not on behalf of the defendant. While making closing remarks, your lawyer will have to discuss the facts of the case, the issues that were brought up, the evidence that was presented, and the relevant inferences that could be drawn. The defense lawyer on the other hand in his closing remarks can also discuss witness credibility. However, since your lawyer has the chance to give closing remarks after the defense lawyer, he can show the jury why the witnesses were credible and their testimonies should not be dismissed. What is not Allowed? One vital aspect about the closing remarks is that neither side can discuss the evidence that was not entered in the case or presented during the trial. If a piece of evidence was determined inadmissible or excluded, then such evidence cannot be mentioned during the closing arguments. This is logical since this evidence was not presented to the jury during the trial and it would be improper to include it during the closing remarks.

Who is a Runner? When we talk about a runner in personal injury cases, we are not talking about marathons and jogging. A runner is someone who facilitates signing up new personal injury cases, and this type of work or behavior is illegal in the State of New York. These runners, actually go to hospitals, and attempt to sign people up, who are being treated for their injuries. For instance, a runner will walk into a hospital room of a victim involved in a car accident, and hand him a business card of an attorney. The runner will sympathize and tell the victim that he knows about the accident, and that the victim should call this attorney if he wanted professional help to claim compensation. Now, suppose you are the victim, you do not know who this person is, and you did not ask for an attorney. What the runner did is called solicitation, and it is illegal in New York and not permitted. A Typical Scenario Here is a typical scenario involving a runner. An attorney refers a case to another lawyer, and this lawyer finds the injured victim sitting in the attorney's office along with another person. The personal injury lawyer immediately starts asking questions about the accident to the victim, and mentions to the victim that he will need to get copies of his medical records. The person accompanying the victim joins the conversation and says he already has the records, and that too the originals. The lawyer is shocked, as copies of medical records take time to acquire and nobody gives the originals. On questioning this person, the lawyer finds out that this person is working in the records department of the hospital and is involved in soliciting injured accident victims to take the services of personal injury attorneys. A runner could be somebody working in a hospital or someone who scours hospitals trying to find recent accident victims who are admitted for treatment. The runner tries to sell the services of a personal injury lawyer to accident victims in order to earn some kind of fees. This type of solicitation is illegal in New York, and a lawyer could get into serious trouble if it is later found out that a runner was instrumental in providing the case. If You are Approached by a Runner If you are in a hospital and you are recuperating from injuries suffered in an accident, or due to negligence of a doctor, there is a possibility that someone might approach you and give you an attorney's card. Even if you have seen the person in the hospital before, but have never asked for an attorney, you should know that this person is a runner. These runners will appear sympathetic and may show that they care about your condition, but their only objective is to sell you the services of an attorney. Therefore, you can either report runner to authorities or simply tear up the cards that they provide.

If the judge gives the wrong legal instructions to the jury at the end of your personal injury case, would it make a difference? The answer is yes, it would make a significant difference. The Wrong Legal Instructions can Lead to the Wrong Conclusion of the Jury Here is a typical scenario. You go to trial in either a medical malpractice, accident, or even a wrongful death case, and the trial is now over and the attorneys have made their closing remarks. Now the judge has to provide legal instructions to the jury on what the law is that they must apply to this case. What happens if the judge tells the jury instructions that are not accurate? Well, the jury will be relying on inaccurate information and they may come to the wrong conclusions. Such a Verdict can be Appealed When the judge gives wrong legal instructions to the jury, the defense or the plaintiff can appeal the decision given by the jury. In such instances, the case will be sent to a higher court for review. The Possibility of a Harmless Error Now, there is a possibility that if the judge gives the jury a wrong instruction, then this might be considered something known as a harmless error. In other words, if the higher court that reviews the verdict, determines that the judge gave them an instruction that really did not make a difference to the case, it is termed as harmless error and they will still allow the original verdict to stand. The Higher Court has Several Avenues to Choose From However, what if the judge gives wrong legal instructions to the jury that dramatically shifts the way the jury looks at the case? The jury's resolve can be drastically and sharply altered, had they been given the correct instructions. In such instances, the higher court that reviews the verdict can do a number of things: They can dismiss the case outright They can lower the verdict that has been awarded, which means lower the compensation amount They can increase the amount that has been awarded They can determine that the amount awarded was inappropriate, and send the entire case back to the original trial judge to retry the case all over again with a new jury The review court therefore has many different options, when the judge has given the jury incorrect instructions and such instructions has made a significant difference in the outcome. Hence, if you have filed a personal injury case, and at the end of the trial the judge gives wrong legal instructions to the jury, you or the defense will have the opportunity to appeal the verdict to a higher court. If the higher court determines it is not a harmless error, then they can then dismiss your case, send it for a retrial, or change the dollar amount that has been awarded to you.