Settlement, Trial, and Appeal a Few Key Facts Every Plaintiff Should KnowRussell & Lazarus
As you begin your personal injury case, here are some basic facts about settlement offers, trial, post-trial motions, and appeals that you should understand.
Settling Your Case
Your personal injury attorney may be able to settle your case without a trial (and sometimes without even a lawsuit).
You Have a Right to Reject Any Settlement Offer
Your attorney cannot settle your case unless you approve and consent. If you are not satisfied with the settlement offer, you have a right to let the jury decide your case.
10 tips for answering difficult deposition or cross examination questionsJames Publishing
A soft tissue injury or spinal injury can result in permanent and painful nerve damage if swelling caused by the primary injury (e.g., a herniated or bulging disc) causes compression on the nerve. Here are common types of tricky questions with tips and examples of how to handle them. When asked multiple questions at one time, ask for a clarification or be clear which part you are responding to. Leading questions (questions that suggest how you are supposed to answer) should be expected, but do not assume the “facts” included in the question are true. When asked to describe what you saw, heard, or experienced, use factual statements. Avoid opinions and personal attacks. If asked a question with poorly defined or vague terms, ask for clarification. Request that complex questions (such as double negatives) be clarified before responding. If asked a question that is argumentative, try to answer the question without getting angry.
Back injuries – injuries to the spine and surrounding soft tissues – are common following a motor vehicle accident or other traumatic event. There are many different kinds of spinal and soft-tissue injuries that can be obtained. A soft tissue injury is an injury to the soft tissues of the body – the muscles, ligaments and tendons. A joint is where two bones meet. The joints in the spine are called facet joints. The facet joints allow the bones of the spine to glide smoothly through a range of motions. Injury to the facet joint will result in the joint becoming stiff, swollen, and tender. A soft tissue injury or spinal injury can result in permanent and painful nerve damage if swelling caused by the primary injury (e.g., a herniated or bulging disc) causes compression on the nerve.
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Settlement, Trial, and Appeal a Few Key Facts Every Plaintiff Should KnowRussell & Lazarus
As you begin your personal injury case, here are some basic facts about settlement offers, trial, post-trial motions, and appeals that you should understand.
Settling Your Case
Your personal injury attorney may be able to settle your case without a trial (and sometimes without even a lawsuit).
You Have a Right to Reject Any Settlement Offer
Your attorney cannot settle your case unless you approve and consent. If you are not satisfied with the settlement offer, you have a right to let the jury decide your case.
10 tips for answering difficult deposition or cross examination questionsJames Publishing
A soft tissue injury or spinal injury can result in permanent and painful nerve damage if swelling caused by the primary injury (e.g., a herniated or bulging disc) causes compression on the nerve. Here are common types of tricky questions with tips and examples of how to handle them. When asked multiple questions at one time, ask for a clarification or be clear which part you are responding to. Leading questions (questions that suggest how you are supposed to answer) should be expected, but do not assume the “facts” included in the question are true. When asked to describe what you saw, heard, or experienced, use factual statements. Avoid opinions and personal attacks. If asked a question with poorly defined or vague terms, ask for clarification. Request that complex questions (such as double negatives) be clarified before responding. If asked a question that is argumentative, try to answer the question without getting angry.
Back injuries – injuries to the spine and surrounding soft tissues – are common following a motor vehicle accident or other traumatic event. There are many different kinds of spinal and soft-tissue injuries that can be obtained. A soft tissue injury is an injury to the soft tissues of the body – the muscles, ligaments and tendons. A joint is where two bones meet. The joints in the spine are called facet joints. The facet joints allow the bones of the spine to glide smoothly through a range of motions. Injury to the facet joint will result in the joint becoming stiff, swollen, and tender. A soft tissue injury or spinal injury can result in permanent and painful nerve damage if swelling caused by the primary injury (e.g., a herniated or bulging disc) causes compression on the nerve.
This is a nice reading but short and powerful message from one of the renowned spiritual leader which has transcended above religious, race & gender difference to spread the message of world piece. Please share it with everyone
4 factors that influence jurors and insurers in auto accident casesJames Publishing
There are 4 major factors that influence jurors and insurers in automobile accident cases. They will consider the following in your case: Which driver had the best chance to avoid the accident? Which driver had the most options from preventing the accident? What does the investigating officer say? What do the eyewitnesses say? These 4 components will greatly influence both the jurors and insurers in your case, it is important to know the answer to these questions and be able to articulate them.
If you have been injured by the unreasonable carelessness (i.e., the “negligence”) of another person or entity, you may be entitled to a sum of money to compensate you for the harm done to you. You may be wondering how much compensation you are entitled to, or how much your case is worth. There are factors that will determine the value of your soft-tissue injury case. The nature and severity of your injuries, the impact of your injuries, your pain and suffering, medical expenses, employment, and the recovery of damages can all be factors in determining a value to your case.
What should you be expecting at your Social Security disability hearing? Make sure to arrive at your hearing at least a half an hour early. Whatever you do, definitely do not be late. You should wear whatever makes you comfortable, within reason. You do not need to dress in a way you would to an interview. Do not talk about your case once you arrive, maintain a professional demeanor. The hearing will be held in a small conference room, there is usually a desk for the judge that sits on a small riser. You will be seated alongside your attorney and you are able to bring observers into the hearing room, if you feel the need for it. Otherwise, the hearing is private. They are much less formal than court hearings, however you must always maintain professionalism. At the end of the hearing, some judges will ask you if you have anything more to say. It’s best if you don’t try to argue your case at this point—let your lawyer do that.
Your constitutional rights against unlawful searches & seizuresJames Publishing
The evidence obtained in violation of the 4th Amendment cannot be used against you; moreover, it must be “suppressed.” Any evidence that s gathered or derived unlawfully must also be suppressed. The 4th Amendment of the U.S. constitution provides people protection from unreasonable search and seizures. It establishes that a warrant is required before law enforcement can search or engage in seizure activity.
9 things every defendant should know about plea bargainsJames Publishing
There are 9 things you should know about plea bargains: 1. A plea bargain is a negotiated settlement. 2. Two types of plea bargains exist, charge and sentence bargains. 3. A guilty plea constitutes a waiver of constitutional rights. 4. A guilty plea must be made knowingly and voluntarily. 5. A guilty plea counts as a conviction. 6. Juries are unpredictable. 7. Your decision may hinge on personal factors. 8. It is your decision. 9. Once your decision is made, it is difficult to undo.
Testifying about your Disability at your hearingJames Publishing
At your SSD hearing, expect to testify about your daily activities. A judge may ask you how you spend a usual day. The judge will use your answer to figure out whether your daily activities are consistent with the symptoms and limitations you describe. Details are crucial, and “nothing” is a bad answer. Help the judge to “live” your day by providing examples and plenty of details. Describe how long each activity takes and how you feel afterwards. Explain to the judge what you need help with. As always, keep your answers truthful and detailed, and consult with your attorney to ensure you are giving accurate and helpful descriptions for the judge to consider.
How to weed out bad jurors during jury selectionJames Publishing
It is important to weed out “bad jurors” during jury selection. The process is meant to weed out those whose biases could potentially be harmful to your case, or whose beliefs get in the way of them giving an impartial verdict. There are no “perfect” juries, but there are those who would be able to help your case. There are qualities to look out for with “bad jurors” and those who are “champion jurors.” Your attorney will attempt to uncover biases to give you the best jury for your trial.
4 factors that influence jurors and insurers in auto accident casesJames Publishing
There are 4 major factors that influence jurors and insurers in automobile accident cases. They will consider the following in your case: Which driver had the best chance to avoid the accident? Which driver had the most options from preventing the accident? What does the investigating officer say? What do the eyewitnesses say? These 4 components will greatly influence both the jurors and insurers in your case, it is important to know the answer to these questions and be able to articulate them.
If you have been injured by the unreasonable carelessness (i.e., the “negligence”) of another person or entity, you may be entitled to a sum of money to compensate you for the harm done to you. You may be wondering how much compensation you are entitled to, or how much your case is worth. There are factors that will determine the value of your soft-tissue injury case. The nature and severity of your injuries, the impact of your injuries, your pain and suffering, medical expenses, employment, and the recovery of damages can all be factors in determining a value to your case.
What should you be expecting at your Social Security disability hearing? Make sure to arrive at your hearing at least a half an hour early. Whatever you do, definitely do not be late. You should wear whatever makes you comfortable, within reason. You do not need to dress in a way you would to an interview. Do not talk about your case once you arrive, maintain a professional demeanor. The hearing will be held in a small conference room, there is usually a desk for the judge that sits on a small riser. You will be seated alongside your attorney and you are able to bring observers into the hearing room, if you feel the need for it. Otherwise, the hearing is private. They are much less formal than court hearings, however you must always maintain professionalism. At the end of the hearing, some judges will ask you if you have anything more to say. It’s best if you don’t try to argue your case at this point—let your lawyer do that.
Your constitutional rights against unlawful searches & seizuresJames Publishing
The evidence obtained in violation of the 4th Amendment cannot be used against you; moreover, it must be “suppressed.” Any evidence that s gathered or derived unlawfully must also be suppressed. The 4th Amendment of the U.S. constitution provides people protection from unreasonable search and seizures. It establishes that a warrant is required before law enforcement can search or engage in seizure activity.
9 things every defendant should know about plea bargainsJames Publishing
There are 9 things you should know about plea bargains: 1. A plea bargain is a negotiated settlement. 2. Two types of plea bargains exist, charge and sentence bargains. 3. A guilty plea constitutes a waiver of constitutional rights. 4. A guilty plea must be made knowingly and voluntarily. 5. A guilty plea counts as a conviction. 6. Juries are unpredictable. 7. Your decision may hinge on personal factors. 8. It is your decision. 9. Once your decision is made, it is difficult to undo.
Testifying about your Disability at your hearingJames Publishing
At your SSD hearing, expect to testify about your daily activities. A judge may ask you how you spend a usual day. The judge will use your answer to figure out whether your daily activities are consistent with the symptoms and limitations you describe. Details are crucial, and “nothing” is a bad answer. Help the judge to “live” your day by providing examples and plenty of details. Describe how long each activity takes and how you feel afterwards. Explain to the judge what you need help with. As always, keep your answers truthful and detailed, and consult with your attorney to ensure you are giving accurate and helpful descriptions for the judge to consider.
How to weed out bad jurors during jury selectionJames Publishing
It is important to weed out “bad jurors” during jury selection. The process is meant to weed out those whose biases could potentially be harmful to your case, or whose beliefs get in the way of them giving an impartial verdict. There are no “perfect” juries, but there are those who would be able to help your case. There are qualities to look out for with “bad jurors” and those who are “champion jurors.” Your attorney will attempt to uncover biases to give you the best jury for your trial.
8. It’s easy to play in the SandBox!
All that you have to do is select
one of the tools, and start playing!
You can use any of the tools in any
way that you want! The only limit
is your imagination! Have fun!
9. Th e re a re n o s e t
in s t r u c t io n s o n h o w t o
p la y t h is g a m e in r e a l
lif e . T h e o n ly t h in g s t h a t
y o u n e e d a r e s h o v e ls ,
p a ils , a n d a c r e a t iv e
im a g in a t io n ! T r y a n d
c r e a t e a s a n d c a s t le ,
a n d m a y b e a c it y . T h e
p o s s ib ilit ie s a r e
e n d le s s !
13. T o p la y t h e g a m e o f m a r b le s ,
f ir s t d r a w a c ir c le a b o u t 2 f e e t
w id e , in t h e d ir t o r o n a
s id e w a lk . Yo u k e e p o n e m a r b le
a s the s ho o te r, the o the rs g o
in t h e c ir c le . Yo u s h o o t y o u r
m a r b le f r o m o u t s id e t h e c ir c le
in t o a n y o f t h e m a r b le s in s id e
t h e r in g . T h e m a r b le s y o u ' v e
k n o c k e d o u t o f t h e c ir c le a r e
y o u r s . Yo u t a k e t u r n s w it h t h e
o t h e r p la y e r ( s ) . W h o e v e r h a s
t h e m o s t m a r b le s w in s !
14. T o p la y t h is g a m e o f m a r b le s ,
f ir s t y o u h a v e t o c lic k t h e
“ P la y ” b u t t o n . A f t e r w a r d s , a im
f o r o n e o f t h e m a r b le s , a n d
c lic k “ A im . ” L a s t ly , a p o w e r
m e t e r w ill s h o w , a n d y o u w ill
ha ve to c ho o s e the p o w e r tha t
y o u w a n t t o h it t h e m a r b le a t ,
the n, to uc h the “ S ho o t”
b u t t o n . T h e m a r b le w ill s h o o t ,
a n d h o p e f u lly k n o c k a ll o f t h e
o t h e r m a r b le s o u t . K e e p d o in g
t h is p r o c e s s t ill y o u w in .
20. If y o u ’ r e t h e f ir s t p la y e r y o u t h r o w
yo u r m a r k e r o n th e n u m b e r o n e ( th e
c lo s e s t s q u a r e ) , h o p o v e r it , m o v in g
u p t o t h e e n d , h o p p in g o n e a c h
s q u a r e . A ll h o p s a r e d o n e o n o n e
f o o t f o r e a c h “ s in g le ” s q u a r e ,
u n le s s t h e r e a r e t w o s q u a r e s a r e
s id e b y s id e , in w h ic h c a s e y o u h o p
d o w n o n b o th fe e t. O n c e yo u g e t to
th e e n d yo u m u s t tu r n a r o u n d a n d
h o p b a c k a g a in , c a r e f u lly b e n d in g
d o w n t o p ic k u p t h e m a r k e r o n t h e
w a y b a c k . Yo u c a n ’ t lo s e y o u r
b a la n c e a n d y o u m u s t a lw a y s r e m a in
o n tha t o ne fo o t.
F o r yo u r n e x t tu r n yo u n e e d to th r o w
y o u r m a r k e r s o i t h i t s t h e #2 a n d s o
on.
21. P la y in g h o p s c o t c h is
e a s y ! F ir s t , c lic k t h e
“ Th r o w R o c k ” b u tto n .
T h e r o c k w ill b e t h r o w n
a n d la n d o n a r a n d o m
n u m b e r . In o r d e r t o w in ,
y o u h a v e t o t o u c h a ll o f
t h e n u m b e r s in o r d e r
u n t il y o u g e t t o t h e r o c k .
O n c e yo u g e t to th e r o c k ,
y o u w in ! B u t , if y o u t o u c h
th e w r o n g n u m b e r , yo u
lo s e !
22.
23. Wr o n g ! Tr y Wr o n g ! Tr y
A g a in ! A g a in !
24.
25.
26.
27. Yo u W in ! Yo u W in !
Aw e s ome ! Aw e s ome !
28.
29.
30.
31.
32.
33. J u m p r o p in g is e a s y ! F ir s t ,
f in d a r o p e t h a t is lo n g
e n o u g h f o r y o u . F o ld a ju m p
r o p e in h a lf , a n d if it r e a c h e s
y o u r s h o u ld e r ’ s t h a t is a
g o o d ju m p r o p e f o r yo u . N o w ,
h o ld t h e h a n d le s o f t h e ju m p
r o p e w it h y o u r h a n d s , a n d
p u t t h e ju m p r o p e a t t h e b a c k
o f yo u r fe e t. A fte r w a r d s ,
s w in g t h e r o p e o v e r y o u r
h e a d , in f r o n t o f y o u . N o w
c o m e s t h e t r ic k y p a r t . J u m p
o v e r t h e ju m p r o p e a s it g e t s
n e a r y o u f e e t . If y o u c a n d o
t h a t , t r y d o in g it m a n y t im e
34. P la y in g J u m p -r o p e is e a s y !
F ir s t c lic k “ P la y . ” T h e g a m e
w ill m a k e s u r e t h a t y o u a r e
r e a d y, s o w h a t yo u h a v e to
d o is c lic k “ R e a d y . ” L a s t ly ,
a s t h e ju m p r o p e c o m e s
a r o u n d , y o u h a v e t o c lic k
“ J u m p . ” B u t , if y o u f o r g e t t o
c lic k ju m p , a n d t h e r o p e
h it ’ s y o u r f e e t , y o u lo s e !
G o o d lu c k !