Tag Archives: trial

Paying Back Medicare After a Lawsuit

Medicare recipients who file personal injury lawsuits need to be aware that by law they will have to pay Medicare back from their judgment or settlement. Unlike cases where private health insurers seek repayment, cases involving Medicare liens offer lawyers … Continue reading

Posted in Insurance | Tagged , , , , , | 115 Comments

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

Posted in Attorney-Client Relations | Tagged , , , , , , | 74 Comments

Lawyer Win/Loss Records — Why You Can’t Find Them

I’ve been asked on more than one occasion where plaintiffs can look up the win/loss records of lawyers. Usually this is in conjunction with them initially hiring a lawyer or thinking of switching lawyers, the thought being that this would … Continue reading

Posted in Attorney-Client Relations | Tagged , , , , , , | 4 Comments

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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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

Posted in Damages | Tagged , , , , , , | 37 Comments

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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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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How to Give a Deposition — 5 Deposition Tips

Unless your case settles immediately, the odds are pretty high that at some point you will have to give a deposition. Depositions are not fun for anyone (even lawyers don’t like having their depositions taken), but there are some tips … Continue reading

Posted in Discovery | Tagged , , , | 73 Comments

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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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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Bad Driving Record Evidence in Civil Suits

If you are involved in an automobile accident case, you may be wondering if evidence of your bad driving record, or the defendant’s, is admissible. Conventional wisdom would imply that a person with a bad driving record is more likely … Continue reading

Posted in Discovery | Tagged , , , , , | 7 Comments

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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