Juror Forms an Instant Bond with a Lawyer during Jury Selection
In a personal injury case, during jury selection, the two lawyers are questioning potential jurors. The questioning process enables the lawyers to find out if the prospects can be fair, impartial, and are able to listen to the dispute of the case. The plaintiff’s side will be claiming that the doctor or hospital had violated […]
Should You Sign a Release Document to Receive Your Settlement Check
You have been involved in a significant car accident and you get in touch with the insurance company of the careless driver. The company wants to settle the case with you, but before that, they want you to sign a document called a release. Should you ever sign such a document, before you have spoken […]
What happens after the Judge has Declared a Mistrial for Your Personal Injury Case
Your personal injury case has gone to trial and the judge has declared a mistrial. How soon afterwards will your case be retried? Reasons for Declaring a Mistrial The answer is that it depends. Here is an example. A lawyer is representing a person in a personal injury case. The person is staying at a […]
How do You Prove Sexual Inability based on the Accident Injuries You have Sustained
If you can no longer have sex because of the personal accident injuries, you have suffered, due to doctor’s carelessness; you can claim compensation, by filing a personal injury lawsuit. However, how does one actually prove this during the course of the lawsuit? How to Show You are Unable to have Sex with Your Spouse […]
A Peremptory Challenge in a Jury Selection
What is a peremptory challenge in a civil lawsuit in New York, involving a personal injury case?
Can Your Attorney Stop You from Answering a Question at a Deposition
Generally Your Attorney cannot Raise an Objection
Facts that Your Medical Malpractice Attorney may not Tell You
When you have been injured due to the negligence of carelessness of a health care provider or doctor, you will file a medical malpractice case to claim damages for the harms and losses you have suffered. You might feel that your case is strong and that the jury will grant you a substantial settlement.
Reasons Why Your Medical Malpractice Case could be Rejected by an Attorney
You have suffered injuries because of the carelessness or negligence of a doctor or the hospital staff in New York and you want to file a medical malpractice lawsuit to claim compensation for the losses and harm you have suffered. However, an attorney might not want to accept your case and attempt to carry it into the end zone. There can be several reasons for this.
Res Ipsa Loquitor in a Medical Malpractice Case
In order to file a medical malpractice case in the state of New York, you are required to bring in a medical expert to support your claim. The claim should show that there was wrongdoing, the injuries were caused by the wrongdoing, and the injuries are significant and/or permanent. However, in certain instances expert testimony is not required.
The Defense can Change its Stance after a Deposition
In a medical malpractice case, the defense attorney strongly denies that his client has done anything wrong, until the plaintiff’s lawyer finishes questioning the doctor at pre trial testimony. In this case, the plaintiff has suffered significant injury following a colonoscopy procedure.