Tag Archives: plaintiff

Why Lawyers Pressure Clients to Settle

Lawyers pressure clients to settle all the time. This is not necessarily a bad thing, nor is it necessarily wrong to do — sometimes it is, but more often than not the lawyer truly believes that the settlement he advocates … Continue reading

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Suing an Attorney for Malpractice is Harder Than You Think

Legal malpractice cases are particularly difficult and expensive to pursue. Aside from the inherent difficulty in finding an attorney who accepts legal malpractice cases, the plaintiff essentially needs to prove two cases in order to win: (1) the malpractice case … Continue reading

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What Happens If I Lose My Lawsuit?

When a plaintiff loses his lawsuit, whether by summary judgment, a directed verdict or a jury verdict for the defense, he or she is probably wondering “what happens next”? Can I get a new trial? Can I appeal? Will I … Continue reading

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Loss of Consortium Claim — Worth the Bother?

Loss of consortium claims are treated as an afterthought by most personal injury lawyers. While they are legitimate claims, their value usually pales in comparison to the primary plaintiff’s claim (and often add no real value, for reasons I’ll discuss … Continue reading

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When a Defendant Admits Fault, That’s Only Half the Battle

Don’t start celebrating a victory in your personal injury case just because the defendant admitted being at fault (admitted liability, in legalese) for your accident. Plenty of “admitted liability” cases still go to litigation, or even to trial. This is … Continue reading

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Weight Gain After An Injury

As if suffering an injury as a result of someone else’s negligence wasn’t bad enough, many plaintiffs also find themselves gaining weight due to restrictions on their activities, depression, or both. Statistically, two thirds of the U.S. population is already … Continue reading

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Want to Settle Your Own Accident Claim? Part 3 – The Demand

Having decided whether you should try to settle your own accident case (Part I) and gone through the preparations and document gathering needed to prepare your demand (Part 2), you should now be ready to draft your settlement demand letter. … Continue reading

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Want to Settle Your Own Accident Claim? Part 2 – Prep Work

For those of you who read Part I of this article (you did read Part I, right?) and decided that you still want to try to settle your own accident claim, here are some suggestions for how to proceed. Always … Continue reading

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Want to Settle Your Own Accident Claim? Part I – Should You?

Many people involved in accidents which give rise to personal injury claims wonder if they should try to settle their own case before hiring a lawyer. Will they personally recover more money by negotiating with the insurance company directly, thereby … Continue reading

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How to Answer Interrogatories

If your case goes to litigation, you will need to answer interrogatories, usually within the first few months after the lawsuit is filed (others can be served later in the case). Interrogatories are written questions from opposing counsel — part … Continue reading

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How To Testify At Trial

Even though most plaintiffs will never go to trial, the thought of having to testify in court can be a source of great anxiety. Even if you’ve given a deposition in your case, you will find testifying at a trial … Continue reading

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Can I Fire My Lawyer? Yes, But You May Still Have to Pay Him

Despite having a written contingency fee contract with your lawyer, you can fire him at any time. However, depending on your reasons for firing him, you may still owe him a fee. In most jurisdiction, though not all, if you … Continue reading

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Letter of Protection — Delay Medical Bills Until Settlement

Not every personal injury plaintiff has health insurance. Those who are involved in automobile accidents may have PIP or med pay coverage to pay medical bills, but these benefits are often not enough to cover all necessary medical treatment. These … Continue reading

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How to Choose a Lawyer – 2 Revealing Questions To Ask

Unless you receive a referral from someone you trust, choosing a lawyer for your personal injury case can be one big crap shoot. Fancy ads or a nice office tell you more about a lawyer’s business acumen than his competence … Continue reading

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Jury Trial Crisis — Why So Few Cases are Going to Trial

The Florida Bar recently released the results (pdf warning) of its research into the declining number of jury trials in America. It is a phenomenon which is affecting both civil and criminal jury trials, for somewhat different reasons. I’m only … Continue reading

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Something You Can (and Should) Do That Your Lawyer Cannot

There are few things that you, as a plaintiff, can do that your lawyer cannot. One notable exception is directly communicating with a defendant who is represented by counsel. Your lawyer is prohibited from this form of communication by ethics … Continue reading

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Why Did the Defense Attorney Ask Me for That?

The discovery process can make you, as a plaintiff, feel like you are the one on trial. In a very real way, you are. When you file a personal injury lawsuit, you open yourself up to any questions and requests … Continue reading

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Why Won’t Any Lawyer Take My Case?

If you’ve called several lawyers about handling your personal injury case and you haven’t found one who’s interested, it’s usually due to one of three reasons. First, your case sucks. Second, you want to sue someone who local lawyers don’t … Continue reading

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Whose Depositions Should You Attend?

As a plaintiff, you know that you will be required to submit to a deposition by opposing counsel. If you are married, it is likely that you plan to attend your spouse’s deposition as well, as that is often scheduled … Continue reading

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Seven Deadly Sins for Plaintiffs

You may not think that the seven deadly sins have anything to do with your lawsuit. Before you get nervous, know that I’m not a religious person and I’m not going to preach to you. Rather, I appreciate the simplicity … Continue reading

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Question From Reader Rachel About Inadequate Insurance By Defendant

A reader identifying herself as “Rachel” posed the following question in a comment on my “About” page (where no one would probably see it, so I decided to make an article out of it). Just to let you all know … Continue reading

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Can My Lawyer Help Me Answer Deposition Questions?

If you want to know whether your lawyer can feed you answer after answer during your deposition, the answer is a resounding “no”. However, there are some not-so-subtle ways that many lawyers use to give their clients obvious hints as … Continue reading

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Could $10 Save You Hundreds or Thousands on Your Settlement?

If your case is close to settling, especially if you are close to mediation, I’ve got a tip that could put a lot more money in your pocket. How much? Well, that depends on the size of your case, but … Continue reading

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Should I Settle or Go to Trial?

Most personal injury plaintiffs will be plagued by this question at some point during their lawsuit. Should you settle and take less than what you think your case is worth, or risk it all at trial? The vast majority of … Continue reading

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Unhappy With Your Settlement and Want to Get Out of It?

So you’ve settled your personal injury claim and you now have a huge case of buyer’s remorse. You wish there was something you could do to get out of that agreement. In most cases, as long as you orally gave … Continue reading

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