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Defense can Move to Dismiss the Personal Injury Trial Even before Producing a Single Witness

When you are involved in a personal injury trial, and after you have finished running through all of your witnesses and all your evidence at trial, it is possible for the defense lawyer to inform the judge that he moves to dismiss this case, even before they put up a single witness. Move to Dismiss the Case This is possible in an accident case, medical malpractice, or wrongful death case. When you are done putting up all the witnesses to prove your case and to show that you are more likely right than wrong, the judge will then turn to the defense counsel and will

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How to Prove Who is Liable in a Car Accident Case?

Proving Liability In a catastrophic car accident in New York, how do we prove liability? Liability means the other driver is responsible for your accident. To prove liability, your lawyer will have to show the jury a number of things. First, your lawyer will have to establish that you are more likely right than wrong, and what you are saying is true. The legal term for this is preponderance of evidence. However, the main thing to show to the jury is that you are more likely right than wrong, and that is done by using various tactics and presenting different types of evidence. For instance,

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A Structured Settlement in a Medical Malpractice Case

In most medical malpractice cases, large amounts are involved in damages. If you have won your medical malpractice case, then a structured settlement will allow you to have the large sum paid out to you over time. You might want to consider having a structured settlement, since it offers certain advantages over receiving the whole amount at one time.

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Mediation before a Medical Malpractice Trial

Your medical malpractice case is scheduled to begin trial in just two weeks, and at this time, the defense calls your lawyer up and says they want to mediate the case. Should you go along with this mediation request and see what they have to offer, or should you deny it and go ahead with the trial?

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What can You do to Initiate a Medical Malpractice Lawsuit

When you are undergoing treatment in hospital, you feel that the doctor or the hospital staff has done something wrong to cause you significant harm. However, you are not sure because the doctor and the hospital staff are not being honest with you. What can you do to learn the truth?

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Why do Insurance Company Representatives Attend Trials

After settlement negotiations break down, your medical malpractice case will go to trial. Usually, the doctor or hospital you are suing is protected by some sort of insurance, and you might want to know if the insurance company representatives or supervisor will come to court, and listen to what is going on in the trial.

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When assisted delivery with forceps may be necessary

Many New York mothers experience complications when delivering their babies that require doctors to help the process along with the use of forceps. This is an accepted practice that can help avert life-threatening birth emergencies. Babies generally suffer minimal side effects, if any, of the procedure. However, some babies suffer serious injuries when being delivered with the use of forceps. This is more likely when doctors fail to prepare for certain emergencies even when mothers display risk factors for complications.

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Should Your Attorney Inform You about a Settlement Offer  

If a settlement offer is made in an accident case, wrongful death, or medical malpractice case, does your attorney have to inform you about the settlement offer. The answer is yes, your lawyer has to tell you about the settlement offer. Your Attorney is Legally Obliged to Inform You About a Settlement Offer Your attorney not only has a legal obligation to tell you about the settlement offer, but he also has an ethical obligation in revealing to you that a settlement offer has been made. The bottom line is when the defense makes an offer of settlement to your attorney, your attorney must convey

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Can the Defense Use a Surveillance Video of You Engaging in Activities during the Trial

Deposition Testimony When you have filed a personal injury case and you are claiming compensation for your injuries, the defense will want to capture you on video, on surveillance video, to show to the jury that you can do things that you claimed during your deposition under sworn testimony that you could not do. For instance, you are asked questions at your deposition, which is a question and answer session given under oath prior to the trial. Some of the questions might be: Can you play basketball? Can you engage in rock climbing? Can you go hiking? Can you lift 30 pounds? Can you carry

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