Friendly reminder that this isn’t legal advice, but “lawyer ramblings” on demand letters. What goes into personal injury demand packet? Once you are through with your medical treatment, or you’ve reached maximum medical improvement, and gathered all the documents necessary to make your settlement demand, it’s time to write a settlement demand letter. Here’s a […]
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 plaintiffs will choose to settle — and for good reason. Jury verdicts are, at best, […]
Mediation Advice for Personal Injury Plaintiffs
Mediation is a formal settlement conference that usually presents you with the best chance to settle your personal injury lawsuit before trial. This article will give you an overview of the mediation process and some advice on how to make the most of your mediation. Most plaintiffs are very nervous going into mediation — don’t […]
How Much is My Personal Injury Lawsuit Worth?
This is by far the most common question plaintiffs have, and also one of the most difficult to answer. There is no formula one can use, but there are several factors your attorney will consider in arriving at a fair value for either settlement or trial. At one point, a garden variety car accident case […]
IME – The (not so) Independent Medical Exam
There is no “i” in team, and there shouldn’t be one in “IME,” either, because there is nothing “independent” about an IME in a personal injury lawsuit. In fact, plaintiff’s’ personal injury attorneys are more properly referring to these exams as DMEs, or “Defendant Medical Exams,” or “Insurance Medical Exams.” For purposes of this article, […]
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 for the same day as your own. Beyond that, you probably don’t plan to attend any other […]
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 for documents and other items which are “reasonably calculated to lead to admissible evidence.” Note […]
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 that can make your deposition go smoother and keep you from hurting your own case. […]
The Plaintiff’s Deposition — Be Smart and Be Prepared
Too long, didn’t read version: If you don’t know an answer at your deposition, just tell the truth and say you don’t know. Your attorney has told you that your deposition has been set by the defendant’s attorney (make sure the date and time are good for you — you should have been consulted about […]
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 of the discovery process — designed to give them basic information about you and your […]