Tag: civil litigation
Negotiation of Personal Injury Cases
Negotiation offers a key opportunity in every legal matter. Many cases settle before trial. Negotiation skills increase the likelihood of acceptable final results. Basic skills are the same but we focus here on negotiating personal injury claims. Know Your Case Before Negotiation In a personal injury claim knowing the case brings special […]
Property Dangers: Premises Liability
Stairways in deplorable condition cause injuries. But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to […]
Electronically Stored Information in Lawsuits
People involved in civil lawsuits must comply with rules of discovery requiring that they produce documents requested by the other side. In another article we describe basic court discovery rules. But what if there are no paper documents? What if the information at issue is stored electronically, some on one […]
Photo and Video Evidence: Always Allowed in Court?
Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment. But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s […]
Reserves And How They Reduce an Injury Claim
When new claims are reported insurance companies set something called a reserve in the process of setting up a new file. The reserve establishes the estimated value of the accident claim. Required as an accounting procedure, reserves enable insurance executives to estimate the company’s total potential losses. From an accounting […]
Surveillance Cameras: When Do They Violate Privacy Rights?
Surveillance cameras sprout like weeds at traffic lights, stores, schools and nearly every other corner of society. Increasingly, the watched ask what about privacy and the liberty right to move about freely? This brings up the issue of privacy in court cases. Surveillance Cameras: Court Cases A young woman goes […]
Burden of Proof: How Much Evidence is Enough?
Burden of proof measures the level of evidence that must exist to prevail in a legal matter. Anyone making a claim bears the burden of proof. People bringing personal injury claims may have been injured, but in court they bear the burden of proof. Prosecutors seeking to convict those charged […]
Spoliation of Evidence: Penalties Available in Civil Law
Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those who damage or destroy evidence. The legal theory holds that a party’s destruction of evidence shows consciousness of wrongdoing or motive to avoid evidence. Spoliation of […]
Confidentiality Agreements in Personal Injury
Confidentiality agreements in personal injury settlements are often proposed by those who have been sued. Such agreements can be enforced, even if it is a bad idea. Confidentiality provisions require non-disclosure of the terms of the agreement, or sometimes even to the fact of settlement itself, by the parties. Such […]
Auto Insurance. Understanding Some Basics.
Auto insurance presents a necessary evil. Driving without it is folly. Driving a rolling two-ton metal box, disaster happens in a split second. Cars pose a rolling risk. Excuses for shirking off insurance include “I always drive responsibly … if I get in an accident the other guy’s insurance will […]