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What do You need to Prove in a Personal Injury Case

If you are injured in a car accident in New York, you will have to file a case to claim damages in the personal injury case. Your lawyer will have to present the case and explain to the jury why the verdict should be in your favor. The lawyer has to show to the jury that you are more likely right than wrong. He will have to prove that the other driver being sued by you was careless, which is known as negligence. The lawyer will also have to make the connection of showing that the carelessness of the other driver was the reason why

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Do You Choose a Judge or a Jury Trial in a Personal Injury Case Β 

In the state of New York, when you file a personal injury lawsuit, you have the option of having your case heard by a judge or by a six-member jury. When the case is heard by a judge, and the judge renders the decision, it is called a bench trial. However, most injured victims in New York, prefer to have their case heard by a jury, and have the decision rendered by them. Stark Differences In a bench trial, you are presenting your case and all the evidence to one person. The judge will be making the rulings according to the law. The judge will

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Should You Videotape the Deposition of the Defendant

A deposition is a question and answer session that takes place before the trial. The answers are given under oath and the deposition usually takes place in the office of an attorney. The judge is not present at a deposition; however, a court reporter or stenographer will be noting down all the questions and their corresponding answers. Video is Paramount At the deposition, you can ask questions to the defendant whom you are suing for causing you harm and injury. The answers provided by the defendant under oath at the deposition are pretrial testimony, and they can be useful during the trial. If the court

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Presenting Photographic Evidence in Accident Cases Β 

Usually in court, the plaintiff’s lawyer will want to present new photographic evidence to the court, and the defense lawyer will raise an objection saying that no foundation was laid for such evidence. Whether it is a wrongful death, medical malpractice, or personal injury trial, the lawyer simply cannot present a photo as evidence, and ask the jury to see it. A legal procedure has to be followed for presenting photographic evidence; otherwise, the judge may not allow it to be shown in court. Procedure for Presenting Photographic Evidence Initially, the lawyer will have to verify to the court that the content of the photograph

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In an Accident Case, are Injuries Worth More When Victim is Dead?

Are New York car accident cases worth more when the victim is dead? Many accident trial attorneys are asked this question. Most clients will usually come and say that they almost died or could have died in the accident. The question that comes up is whether injuries are worth more if the victim has died or when the victim has survived the accident. However, in most cases the value of injuries will be worth more when the victim is still alive. More Value for Injuries that Affect the Life of the Victim Compensation is on the higher side usually if the victim is still alive.

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The Jury Authorizes a Huge Settlement Amount―Is there anything you can do?

So, you are fighting a personal injury case in a New York court and the trial is at a stage where the jury needs to decide what the settlement amount that you, as the plaintiff, are eligible to. Given the nature and extent of the injuries that you have suffered the jury returns a decision in your favor with a huge settlement amount. But is that the end of your trial? If the settlement verdict given by the jury is in accordance with what the defendant was expecting to pay, chances are the opposition will let the matter rest. But if the settlement amount is

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Who can be Held Responsible for Slip and Fall Accident in a New York Roadway Trench

A construction company working on New York road failed to put up the required barrier or warning cones, to make people aware of the construction project in progress. A person who had just finished shopping happens to walk across this area of road, and loses his footing because he steps into a trench just four inches deep, dug up by the company. As result of this, he falls down, and suffers a serious elbow fracture. Responsibility of the Construction Company Any construction company operating on public places or roads is required to put up warning signs and barriers for alerting the public that walking, riding

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Assumption of Risk and Personal Injury Cases

People could be involved in dangerous activities. For instance, a person is skiing, snowmobiling, or has gone rock climbing, and sustains injuries while performing these dangerous activities. The person then decides to sue the place where he was injured, claiming that they were careless or negligent, and because of that, he suffered injuries. The people who are being sued will argue that the person assumed the risk of engaging in an activity that is inherently dangerous, and therefore we cannot be held responsible.   How can Assumption of Risk Impact Your Potential Case When engaging in any activity that is considered inherently dangerous, you are assuming

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How to Find a Dedicated Personal Injury Attorney

There are lawyers who claim that their area of law is complex and therefore there is no way a client can understand it. When a person is confronted with a legal problem and he wants to find a solution, it can be quite frustrating to find a lawyer who does not want to explain the legal angle. Some lawyers even advertise that their area of law is difficult and complex. Who is a Personal Injury Attorney? For instance, you have a legal problem, you go online to find information, and when you meet the attorney, he starts telling you how difficult and complex your problem is.

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The Color of the Traffic Light Plays a Pivotal Role in Auto Accident Cases

In any auto accident case where an intersection is involved, the lawyers will try to find out what was the color of the traffic light. In every auto accident case, there is a claim that the driver did not pay attention to the color of the traffic light. During the discovery phase that happens before the trial, the lawyer has the opportunity to question the person being sued. This is called a deposition, which is a question and answer session that takes place in attorney’s office under oath. The main thing the lawyer wants to find out at deposition is what the color of the light was.

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