Trial by Judge or Jury for Your Personal Injury Case
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 […]
What is Assumption of Risk
Assumption of Risk Doctrine When you are engaging in inherently dangerous activities for recreational purposes only, you should know what assumption of risk doctrine is, and how it could affect you in the state of New York. For example, if you are involved in a dangerous activity such as skiing, riding a snow mobile, or […]
What Witnesses are Presented to Assess Damages
Treating Doctors will be the Main Witnesses If the defense admits liability, then you are only going to have a trial on damages. What witnesses will you need to show that you have a valid case, that you are more likely right than wrong, and what you are claiming is true? Well, you will need […]
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 […]
Winning Strategies in Personal Injury Lawsuits
In personal injury lawsuits, it is critical to get the jury to recognize in their minds, and to visualize what exactly happened. How does the lawyer do that? There are several ways. The lawyer will have several witnesses who will testify as to what happened. The lawyer will show photographs of the accident scene, the […]
The Real Issue in Your Personal Injury Case
Liability as the Main Issue What is the real issue in your personal injury case that the defense will be fighting over? In every single accident case, medical malpractice case, or wrongful death case there is at least one key issue that the defense is hard fast fighting you on. In most cases, this issue […]
Personal Injury Lawsuit – Are Your Injuries Significant or Permanent?
When you invoke a lawsuit to seek compensation for the harm and losses you have suffered because of someone else’s negligence or carelessness, how does the defense know that the injuries you have suffered are significant or permanent? Accessing Your Medical Records Whether it is a car accident or medical malpractice case, the way defense […]
The Pros and Cons of Admitting Liability in a New York Lawsuit
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 […]
What to Expect after You Send Your Injury Demand Letter
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 […]
Pain and Suffering in a Personal Injury Case
The degree of pain and suffering that you have endured is indicated to an insurance company by the nature of your medical treatment and the type of injury you have suffered from. Here are a few factors you need to be aware of, regarding pain and suffering and compensation. How Medication can Show Pain and […]
