Blog Posts
HE SAID SHE SAID CASES – EVIDENCE & CREDIBILITY
He said she said. People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it. The question overlooks the reality of court testimony. Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence. Under scrutiny of cross-examination, the […]
BANKRUPTCY: INCLUDE ALL ASSETS INCOME AND DEBT
People sometimes talk about “putting things into” a bankruptcy, or “not putting something into” their bankruptcy. In reality, bankruptcy law requires full complete truthful disclosure of all assets, income and debt. Often, various issues can be addressed in a beneficial manner as long as there is full disclosure. But, when […]
PERSONAL INJURY: MEDICAL MALPRACTICE
Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider. Medical Malpractice Legal Elements Medical malpractice requires establishing three essential elements: [1] What the average standard of care would have required in […]
PERSONAL INJURY: Liability – No “Guilt” or “Innocence”
“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level. Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]
Initial Consultation: Personal Injury
Initial Consultation with most personal injury attorneys is free. So, optimize this opportunity to make the most of your time. Here’s how: Call ahead. Make an Appointment Some attorneys accept “walk in” clients. But, the more experienced attorney you want to see may or may not be there and you may […]
Depositions: How To Behave
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]
Charge Off: What is it? Do I Still Have to Pay Charged Off Debt?
A “Charge off” is an accounting device used by creditors. Generally, if a debt has not been paid for 180 days or more, the original creditor will write off your debt, removing it from their books. It does not mean that the debt no longer exists or that you no […]
PERSONAL INJURY: Mediation & Arbitration
One of the more frustrating things about any case is the amount of time it can take. Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes. Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]
PERSONAL INJURY “Eggshell Skull Doctrine”
The “eggshell skull doctrine” is a time-honored legal concept. It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell. […]