Tag: car accident
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
Can a Personal Injury Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she […]
Injury Cases: 10 Reasons Not To Do It Yourself
Injury cases at first might seem deceivingly simple and straightforward. But once you run into unknown legal hurdles and insurance tricks you realize it’s not so simple. Here are 10 reasons not to try the do-it-yourself approach on your injury case: 10. Notice Provisions Many people understand statutes of limitation. […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]
WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?
It can take a long time for an injury claim to crawl through the insurance claims handling process. The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Of course, it depends on […]
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 […]
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 […]
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, […]
