1 Personal Injury 101: The Nuts and Bolts of Handling Accident Cases MAKING THE PHONE RING-- You can't handle your first injury case until the phone rings... ADOPT THE MINDSET...I AM AN INJURY ATTORNEY Perception is EVERYTHING! Your dress, your office, your marketing materials, your confidence... From this moment forward, you ARE an injury attorney! MAKING THE PHONE RING-- Marketing 101 Many, many, many methods... First, develop your "Elevator Speech" NOT-- I am an attorney. "I am an injury and malpractice lawyer representing injured people." You Never Know Where Your Next Case is Going to Come From... Let Family/Friends Know You Exist & That You are Handling Injury Cases Law school classmates, college, high school, former co-workers... Your church, your social groups (ie bike club for me, the gym) Get Your Business Cards in to as Many Hands as Possible Get OUT of Your Office! PREP WORK UNTIL THE PHONE RINGS Work on your Marketing Materials and Intake Forms Do you have a "unique selling proposition"? Injury Pamphlet-- types of cases you handle, your contact information Work on Your Website/Blog Blogging is a tremendous marketing tool! Visit the Courthouse and Watch Injury Trials Subscribe to Relevant Trial Lawyer Listserv's Listserv's are a tremendous resource! Look for a listserv in your state Network with Other Attorneys You are on the hunt for a MENTOR Bar Association & Trial Lawyer Associations Social Networking Network with Other Related Professionals Chiropractors, Orthopedic Dr's, Police, Auto Repair Shops...
2 INTAKE-- Oh my God, the Phone is ringing! HOW You Answer the Phone is CRITICAL! Every call might be the BIG ONE! First Impressions Count There are LOTS of Injury Lawyers So You MUST Be the First to Respond A live person needs to answer the phone Choreograph how the phone is answered: "Thank you for calling the Ziff Law Firm, how may I help you?" NOT "Law Firm" Intake is distinct from Case Evaluation Intake is Information Gathering So You are Capable of Making a GOOD Case Evaluation More information is better than less information Implement Systems for Thorough Information Gathering New Client Intake Form Client Questionnaire Information You Must Gather for Every Injury Case: Client Contact Information Get everything-- home and work addresses, phone numbers, addresses Client Background Information Date of Birth, Social Security #, Marital Status, Children Even the BAD stuff: Any criminal history? Any prior lawsuits? Any prior accidents? Any prior workers compensation claims? Any prior injuries or treatment for psychiatric history? Any drug or alcohol problems? If you smell ANYTHING negative, keep digging! It is better to know now, than hear it for the first time on the cross-examination of your client. Let the client know, that the defense WILL know ALL the bad stuff because of national databases. Liability Information Where/When/How/Why did the accident occur? Was the other driver ticketed? Any witnesses? Did you have any conversation with the other driver/the police/the witnesses or overhear any conversations? Any photos, etc, etc.
3 Insurance Information Any applicable insurance from your client's carrier (ie No-Fault, Un/Under Insured Coverage) Get your client's policy and read it to see what coverage they have. Defendant's Insurance Company For each carrier you will need: Insured's Name, Policy #, Claim #, Amount of Coverage, etc. Has your client given any recorded statements to ANY insurance company or investigator? Injury Information ALL Injuries from Top of Head to Tips of Toes ALL pre-existing medical conditions (especially any prior injuries to the body parts injured in this accident) ALL treatment to date Education & Employment Information Get a complete history from high school to date of all education and all jobs. For employment on date of accident, get all details including: employer name/address, job title, hourly rate, hours per week, etc. Get the Necessary Forms Signed: Retainer Agreement Medical Authorizations No-Fault or Insurance Claim Forms CASE EVALUATION-- Now what the heck do I do? This is THE Most Important Stage of Every Case! Accepting the Wrong Case Can KILL You! Four Options for Every Case: Decline the Case Take the Case with Assistance Take the Case Solo Refer the Case Factors to Consider When Evaluating a Case Do I like my client? How Big/Small are the Damages? How Good/Bad is the Liability? How Much/Little is the Insurance Coverage? How Much Will You Have to Spend to Finance the Case? How Long Will the Case Take?
4 FINAL RULES: Do NOT Take Junk AND If In Doubt Do NOT Take the Case! PRE-LITIGATION-- OK, the case is mine... OPENING THE FILE MISSION CRITICAL: Calendar the Statute of Limitations! Belt, suspenders, duct tape... Develop SYSTEMS For File Organization & Calendaring Important Dates Organization Basics Correspondence, Facts, Medical, Disbursements, Pleadings Paper vs Electronic? This is a no-brainer-- THINK DIGITAL FOR EVERYTHING! Scan EVERYTHING to PDF format. YOUR SINGLE BEST INVESTMENT-- A Practice Management Program These programs are distinct from Case Management Programs or Trial Presentation Programs like Casemap, Summation, Sanction, etc. You need a program to manage your PRACTICE. Calendar ALL the important dates in ALL your cases. Keep track of contact information for everyone you work with. Accurately track billing and disbursements information. General Practice Programs-- TimeMatters, Amicus, Prolaw, RocketMatter Injury-Oriented Programs-- Needles, TrialWorks YOU WILL ALSO NEED TO CONSIDER HOW YOU WILL MANAGE EACH CASE-- A Case Management Program Case Management Programs-- CaseMap, Summation, Concordance-- all great but expensive THE PAUPER'S ALTERNATIVE TO A FULL BLOWN CASE MANAGEMENT PROGRAM Generic Outlining Software I love NoteMap ( Circus Ponies Notebook for Mac. Permits you to attach documents and quickly retrieve them.
5 WORKING THE CASE UP Perception is Key! You MUST Let the Carrier Know EARLY that this is a BIG Case! Why? Insurance "Reserves" A High Reserve is your Best Friend and a Low Reserve is your Eternal Nemesis! You MUST Make the Adjuster's Job Easy! You MUST Convey to the Adjuster You Know What You are Doing! Gather the Liability & Damages Documentation ASAP and Get It to The Adjuster in a Professional Looking Format In the beginning, give them what you've got... As you gather medical records over time, send them bound copies of Medical Records & Medical Chronology HURRY UP AND WAIT IN MOST CASES, YOU MUST WAIT UNTIL YOUR CLIENT'S MEDICAL CONDITION IS STABLE... General Rule of Thumb-- One Year for Permanency Opinion DEMAND PACKAGE THIS IS GAME TIME! CRITICAL TIME FOR YOUR BEST WORK! Demand Package Must Address: Liability Injuries Damages Insurance Coverage Any Liens Consider Pictures, Videos, Diagrams-- ANYTHING that makes it look like you are prepared to try the case TODAY! Calendar 30 days for a response and follow-up when appropriate. SO THE ADJUSTER IS CALLING YOU BACK! NEGOTIATION 101 RELAX-- EVERYTHING IS A NEGOTIATION
6 We all negotiate every day START WITH THE END IN MIND You can't get to where you want to be if you don't know where you want to be! You need to truly determine what is your bottom line. DEVELOP RATIONAL "STEPS" TO THE NEGOTIATION Negotiation is a process of give and take. You must determine what you are willing to give. The process of negotiation is attempting to determine what your opponent is willing to give. DO YOUR RESEARCH BEFORE YOU BEGIN THE NEGOTIATION More information is always better than less information. For instance, if you're negotiating the value of a fractured arm, you need to research that value by running a verdict search, putting out a query on your state's trial lawyer's listserv or talking to other local injury attorneys. You MUST know where you want to end up BEFORE you begin and you MUST have a rational basis for calculating your "line in the sand" number. CREATIVELY CONSIDER THE NEGOTIATION AND RESEARCH CREATIVE SOLUTIONS. This is the hackneyed "thinking outside the box". For instance, are you amenable to a structured settlement rather than a lump sum payment? KNOW YOUR OPPONENT Attempt to learn their style and history. LISTEN TO YOUR OPPONENT If you listen closely to what your opponent says you may actually learn something helpful to your position. KEEP YOUR OPPONENT TALKING So long as they're talking and your listening, you are gaining information. ENHANCE (CAREFULLY) THE PERCEPTION OF RISK This is very tricky, so be very careful or your bluff might be called. Subtly send the message of what may occur if the negotiation cannot be succesfully concluded. AVOID GETTING BACKED INTO A CORNER Try to avoid absolute positions. AVOID BACKING YOUR OPPONENT INTO A CORNER People who are backed into a corner often have no alternative but to fight. OK, THE CASE DIDN'T SETTLE... It's NOT the end of the world...
7 Don't lose heart, many cases don't settle until they are in suit PUTTING THE CASE IN SUIT-- Damn, now I have to do it the hard way... WHEN TO FILE YOUR COMPLAINT Competing Philosophies About WHEN to Put Your Case in Suit-- Earlier vs Later Must know YOUR Jurisdiction My preference is only to put in suit AFTER I have exhausted settlement efforts. TO DO'S BEFORE YOU FILE YOUR COMPLAINT Think AHEAD about next steps in the case and anything that is going to take time to put together consider doing NOW! For example, if you do not have ALL the medical records for your client, do it now. Get all necessary experts on board. Interview all witnesses BEFORE the Complaint is filed. Research the Defendant Current Address & More Personal Information Accurint-- Defendant Legal Status-- Individual vs Partnership vs Corporate, etc. Example: N.Y. Dept. of State Entity Database-- h_entry Professional Licenses DIG FOR DIRT Prior lawsuits, convictions, bad acts...anything that might prove helpful to your case. Westlaw, Lexis-- traditional research Web Research-- Accurint, Google, etc. Consider Social Media-- Facebook can be a treasure trove! DRAFTING THE COMPLAINT THINK Before You Draft What are the Facts & Causes of Action You Want to Include? Read the Pattern Jury Instructions (PJI) for your jurisdiction! PJI is the single best resource I have found Imagine the Jury Actually Reading Your Complaint... Write in plain English, NOT confusing Legalese. I include: "ticketed for... and convicted of...", breathalyzer results,
8 "left the scene of the accident" Include anything bad that you want the jury to know CRITICAL: Include ALL Parties and ALL Causes of Action FILING AND SERVING YOUR COMPLAINT You MUST know your procedural rules COLD. RTFS! Read the Flipping Statute! What stops the clock? Filing? Service? How many days do you have for service after filing? Do not rest until the clock is stopped! Must calendar ALL dates-- service deadlines, deadlines for filing affidavits of service, deadlines to receive an Answer. RECEIVING DEFENDANT'S ANSWER READ the Answer CAREFULLY! Note every admission, denial and defense. Go through it side-by-side with your Complaint. THINK! Is there ANYTHING in this Answer that I can knock out NOW? Examples: Claim not timely commenced, Claimed defects in service or personal jurisdiction defense, Seatbelt defense, etc. If Defense is Nonsense, write requesting that it be withdrawn IN WRITING or make a motion to have it dismissed. RECEIVING DEFENDANT'S DISCOVERY DEMANDS In NY, you have 30 days to respond but rarely is that time period complied with... IF you have thought ahead at the time you filed your Complaint, you should be able to timely respond and a timely response sends the right message to your adversary and the carrier-- I am ready to go! DRAFTING YOUR DISCOVERY DEMANDS This is a CRITICAL stage: Do NOT Rely on Boilerplate Demands Boilerplate demands are a good starting point but you must THINK about ANYTHING that your adversary may have that would be useful to your case. Examples: Cell Phone Records-- when you suspect cell phone use at the time of the collision. Event Data Recorder-- the "black box" containing vehicle data. Truck Driver Log Books Typical Discovery Demands Demands for Production of Documents
9 Witness Information Defense Expert Witnesses Insurance Information Deposition Notices Carefully Calendar the Date Defendant Must Respond to Your Demands Defendants often fail to respond or send incomplete responses-- it is YOUR JOB to make sure you received EVERYTHING you demanded. DEPOSITIONS THE SINGLE MOST IMPORTANT STAGE IN YOUR CASE! A good deposition can make or break your case... Preparing Your Client You MUST take the time to do this correctly! Do NOT prepare your client the day of the deposition. Ideally, prepare several days in advance. You should create an outline of preparation topics for ALL witnesses: Proper dress, demeanor, documents reviewed, responding to objections, avoiding absolutes (ie I "never" had back pain before), etc. You also need to outline all the topics that are case specific: ACCIDENT-- Date of accident, vehicles, speeds, distances, conversations with defendant, conversations with police or rescue workers, etc. PERSONAL-- Date of birth, marital status, kids, prior lawsuits, ever convicted of a crime, alcohol or drug problem, etc. EDUCATION-- high school, college, any certifications, any academic difficulties, etc. EMPLOYMENT-- all jobs ever, job duties, pay, ever injured on the job, prior workers compensation claims, ever fired, etc. MEDICAL-- pre-existing medical, family medical history, family Dr, etc. Your Preparation for the Deposition of Defense Witnesses Review Your Complaint and each cause of action to determine every element you must establish to sustain your burden and then ask yourself how the Defendant could help you establish that element. Make an outline of ALL areas of questioning: Personal-- age, education, employment, criminal convictions Liability-- any mechanical problems with vehicle, where had you been, where were you going, speed of vehicles, distances, any admissions at the scene, any conversations with plaintiff or police,
10 observations of vehicle damage, etc. Damages-- observations of plaintiff's injuries, ever call plaintiff to see how they were doing (didn't you care?), etc. If in doubt, ask the question! It's better to know at deposition rather than at trial... The Actual Deposition Videotape vs Stenographer Only I am a huge fan of videotaping depositions. In NY, you can videotape your own depostions Video can be very effective in a multi-media settlement presentation to the carrier. The "Usual Stipulations" Do NOT be embarrassed to ask... Tip: Ask the steno if you are not sure Typical Stipulation Topics: Objections-- "all objections except form objections are preserved until the time of trial" Signing of the Transcript Who Pays for What-- Questioner pays and provides a copy to his adversary. Objections During the Deposition Must READ the rules in your jurisdiction. Tip: Cut and paste a copy of the rules in to your depo outline. N.Y. has recently revised the rules to drastically limit objections during depositions like directing a witness not to answer a question or speaking objections. Stay Cool! After the Deposition Important Tip: IMMEDIATELY RECORD YOUR DEPOSITION OBSERVATIONS! Demeanor of the witness, tactical ideas, cross-examination ideas, impressions of defense counsel, To Do items, etc. CONSIDER OFFENSIVE/DEFENSIVE PLEADINGS AND/OR MOTIONS Notices to Admit Motions for Summary Judgement Motions to Strike Affirmative Defenses Motions to Compel Discovery Responses Motions in Limine
11 PUTTING THE CASE ON THE TRIAL CALENDAR In NY, you must certify the readiness of the case for trial and file a Trial Note of Issue. Generally, a trial will be scheduled within 6 months to a year. Your mileage may vary... :-) TRIAL-- Time for the high wire act! PRE-TRIAL PREPARATION
12 UPON RECEIPT OF TRIAL DATE CONSIDER INVITING AN EXPERIENCED TRIAL ATTORNEY TO SIT SECOND CHAIR Contact the attorney early and arrange a meeting to discuss your trial. Be upfront about your concerns and inexperience. Offer to "swap" assistance-- you will do grunt work on one of their cases in exchange for assistance on your trial. ASCERTAIN AVAILABILITY OF ALL ESSENTIAL WITNESSES IMMEDIATELY-- If not available, request adjournment Schedule Treating Dr's to see client for update exam UPDATE EXPERT RESPONSES IF NECESSARY SUBPOENA ALL NECESSARY RECORDS (ie Medical, Employment, No-Fault, etc.) MEDICAL RECORD SUBPOENAS-- CPLR 3122-A FOR MED RECORDS, SUBPOENA MUST BE ACCOMPANIED BY A HIPPA AUTHORIZATION SIGNED BY THE PLAINTIFF FOR MED RECORDS, ALSO SERVE THE SUBPOENA WITH A CERTIFICATION TO BE SIGNED BY THE DOCTOR (NOT NURSE!) THAT PERMITS THE RECORDS TO BE INTRODUCED WITHOUT A WITNESS SO LONG AS YOU GIVE 30 DAYS NOTICE TO DEFENDANT OF YOUR INTENTION TO OFFER THESE RECORDS. CPLR 3122-A You simply subpoena the records with a HIPAA authorization attached, and attach a preprepared Certification for the DOCTOR (not NURSE) to sign. You then serve notice on the other side of your intention to use the records at least 30 days prior to trial. Then the records are deemed authenticated and may be entered into evidence like hospital records are under CPLR 4518(c). HOSPITAL RECORD SUBPOENAS-- CPLR 4518(C) SUBPOENA MUST BE ACCOMPANIED BY A HIPPA AUTHORIZATION SIGNED BY THE PLAINTIFF ALSO SERVE WITH A CERTIFICATION TO BE SIGNED BY A HOSPITAL REPRESENTATIVE GENERALLY MUST GIVE 3 DAYS TO PRODUCE THE RECORDS BUT MAY BE WAIVED. If they won't waive, can get "so ordered" subpoena from the trial judge. RADIOLOGY FILMS (XRAYS, MRIS, CT'S) SUBPOENAS-- CPLR 4532a FOR MRI FILMS TO BE ADMITTED WITHOUT HAVING TO CALL THE RADIOLOGIST, SERVE NOTICE OF INTENTION TO INTRODUCE MRI FILMS ON D TEN DAYS PRIOR TO
13 TRIAL PURSUANT TO CPLR 4532a (PI--MRI ADMISSION AND RADIOLOGIST AFFIRMATION). Make sure all of the necessary elements regarding authentication of the films as required by 4532a are in the radiologist's affirmation!! PREPARE TRIAL BRIEF INCLUDING: PROPOSED JURY INSTRUCTIONS ASSESSMENT OF LIABILITY AND DAMAGES WITH RELEVANT LAW ANY ANTICIPATED EVIDENTIARY ISSUES ANY NECESSARY MOTIONS IN LIMINE-- ie keep out photos of minimal property damage, remote criminal convictions, anything that hurts us and helps the defense.
14 GENERAL TRIAL CHECK LIST TRIAL NOTEBOOK TASKS PREPARE PROPOSED JURY INSTRUCTIONS PREPARE STANDARD OF PROOF AND PROOF CHECKLIST Check Proof of Facts on Westlaw or in Supreme Court Library Outline what is needed to prove prima facie case for both liability and damages and summarize the proof we have on each necessary element PREPARE WITNESS/SUBPOENA LIST All witnesses subpoenaed? All records subpoenaed? Medical records Xrays, MRI's, etc-- either get radiologist's certification of films OR subpoena the radiologist Employment records No-fault file COMPILE PHONE LIST: COURT (judge, law secretary, index no.); CLIENT(s) (D/A, DOB); DEFENDANT(s); DEFENDANTS COUNSEL; MEDICAL PROVIDERS (Pt. Nos., Account Nos., Dates of Treatment); EMPLOYERS; INSURANCE (Claim No., Adjuster) EXPERTS (incl. liability, medical,economic). PREPARE EXHIBIT LIST Consider demonstrative evidence exhibits you will want to use (anatomical models, medical illustrations, etc) and get any necessary exhibits enlarged and mounted. PREPARE MARKED PLEADINGS FOR US AND COURT Compare answer w/complaint -in margin, mark A (admitted); D (denied); DKI (deny knowledge & info. sufficient...); D exc A (deny except admitting..); A exc D (admit except deny)-w/as few words as possible Put pleadings in reverse chronological order (newest on the top), start labeling at the top right corner #1, #2, #3, etc of every pleading from Complaint to last pleading MAKE PLEADING LIST WITH #'s and description of the pleading and date sent or received Consider offensive use of D's pleadings against them (ie they assert no seatbelt when there's no proof plaintiff wasn't wearing seatbelt, they deny something that clearly should have been admitted). Enlarge pleading if you think you might use it at trial. PREPARE WITNESS LIST WITH ALL CONTACT INFORMATION
15 FOR EACH WITNESS PREPARE DIRECT AND CROSS EXAMINATIONS OF ALL WITNESSES PREPARE TRIAL SCHEDULE with planned "batting order" of witnesses PREPARE YOUR VOIR DIRE QUESTIONS PLEADING TASKS All discovery demands supplemented? Have we received responses to our discovery demands? Have we responded to expert witness demands? Do they need to be supplemented? Consider Notices to Admit Consider possible Stipulations with defense counsel Should we discontinue against any parties? MEDICAL/DAMAGES TASKS Experts retained & scheduled? Make sure we have expert's Curriculum Vitae and that we have provided it to the defense. Also, make sure we have exchanged any necessary expert reports (fed). Medical chronology updated and reviewed for accuracy? Provide updated copy to defense. If any new treatment or records, provide the defense with an authorization. Assemble a bound volume of ALL medical records (you may want a bound volume of Pre-existing medical records too) Consider asking defense counsel to stipulate to use of bound volume of records as a single exhibit without the need to subpoena or produce all the records from all the providers. Provide copy of bound records to ALL necessary witnesses. Schedule client to be seen by treating Dr so they have an up to date examination of our client. Provide treating Dr with bound copy of ALL records. Make sure to provide copy of the notes from this exam to the defense!! Schedule appointment for attorney to meet with treating Dr to prepare for trial testimony (preferably two weeks before trial).
16 TWO WEEKS BEFORE TRIAL PREPARE & SUBMIT TO COURT: TRIAL BRIEF REQUESTS TO CHARGE EXHIBIT LIST WITNESS LIST MEET WITH DRS, EXPERTS, WITNESSES ONE WEEK BEFORE TRIAL MAKE SURE TRIAL NOTEBOOK TASKS ARE ALL COMPLETE-- see tasks above. CONTINUE TO THINK ABOUT YOUR VOIR DIRE QUESTIONS & YOUR OPENING PREPARE YOUR TRIAL BAG(S) Consider this bag your "Office Away from My Office" Load in to it EVERYTHING You May Possibly Need: Basic Office Supplies-- stapler, tape, Post-It notes, pens, markers, paper, etc. Legal Materials-- exhibit labels, your state's procedural and evidence rules Personal Materials-- PowerBars, toothbrush, a picture of your loved ones... THE TRIAL ITSELF-- It's Show Time! MOST IMPORTANT TIP OF THEM ALL...RELAX AND ENJOY! A good mindset is essential... You will NOT die if you lose your first trial... Be prepared to roll with it and adapt... Get some sleep and eat well. If possible, recruit someone to serve as a "go-fer" and as a second set of eyes and ears in the courtroom. BE YOURSELF! Jurors see through people who try to be someone they are not. Don't be afraid to let folks know that you don't know everything... If you screw up or lose your way, just confess it and move on...
17 UPON SETTLEMENT OR VERDICT MAKE SURE ALL LIENS HAVE BEEN IDENTIFIED AND SATISFIED DSS, MEDICAID, MEDICARE, WCB, NF APIP, HEALTHCARE SUBROGATION CLAIMS NOTE: NOT ALL LIENS ARE VALID AND THE ATTORNEY MUST DETERMINE WHETHER THE LIENS ARE VALID OR NOT. For example, Medicaid only has a lien for expenses that are related to the MVA but they frequently try to assert a lien for all meds paid both before and after the MVA. Likewise, many health carrier liens are NOT valid. ALSO NOTE: Most liens are negotiable so don't just pay the full lien. For example, liens are routinely compromised by at least one-third. Bottom line: all liens must be closely scrutinized before negotiating any compromises. PREPARE CLOSING STATEMENT The Closing Statement sets forth the breakdown of all $ received, disbursements on the case, attorney fee calculation, any liens, and net recovery to client. Check to make sure we have ALL disbursements. PREPARE RELEASE Find out from adjuster/defense counsel the full names to be on the Release and whether they want the carrier named in the Release too (ie John Doe, Jane Doe and/or Progressive Insurance Co.)-- some carriers want to be on the Release and others don't care. SEND RELEASE AND STIPULATION TO DEFENSE ATTORNEY TO FILE (it's their obligation to file under CPLR 2104 and CPLR Rule 3217) CALENDAR 30 DAYS FOR RECEIPT OF THE SETTLEMENT CHECK (CPLR requires carriers to pay wi 21 days of receipt of release). CHECK FOR REFERRING ATTY FOR POSSIBLE REFERRAL FEE FINAL THANK YOU LETTER TO CLIENT ENCLOSE BROCHURE, CARDS
18 CLOSE FILE Generally, you must maintain client's file for 6 years but many attorneys now scan whatever documents they feel they may need and then return the original file to the client. If you do this, make sure to have the client sign a Receipt for the file.
NEGLIGENCE ACTION CHECKLIST S A. Insert in all negligence files. Keep loose as top item in file. B. Refer to Action Checklist Instructions for instructions on completing each step. C. Enter follow-up dates
ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general
Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction
Brochure More information from http://www.researchandmarkets.com/reports/2126932/ Library of Georgia Personal Injury Law Forms with CD-ROM (Print and Online) Description: As much as victims need advocates,
Brochure More information from http://www.researchandmarkets.com/reports/2132015/ Library of New Jersey Personal Injury Forms Description: Prosecute your personal injury matter from start to finish using
You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing
General Information on Representing Yourself in a Workers Compensation Case Idaho Industrial Commission PO Box 83720 Boise, ID 83720-0041 Telephone: (208) 334-6000 Fax: (208) 332-7558 www.iic.idaho.gov
CIVIL LITIGATION PRACTICE FOR PARALEGALS III. PREPARATION OF PLEADINGS Many attorneys, paralegals and legal assistants refer to pleadings as all court papers in the case. Technically speaking, the pleadings
Law Clerk: Jane Harrington Secretary: Allison Cappella Part Clerk: Trisha Rittenhouse Phone: (845)476-3449 Fax: (845) 476-3684 APPEARANCES Hon. Maria S. Vazquez-Doles, J.S.C. Orange County Supreme Court
How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,
WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1 GREENVILLE FOUNTAIN INN 330 East Coffee Street 218 South Main Street Greenville, South Carolina 29601 Fountain Inn, South Carolina 29644 (864) 601-9048
IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO IN THE MATTER OF THE CIVIL AND CRIMINAL LOCAL RULES: ENTRY The following local rules are adopted to govern the practice and procedures of this Court, subject
I. ROBINSON V.BATES, 112 Ohio St.3d 17, 2006 Ohio 6362 (December 20, 2006). A. Landlord-tenant case In Hamilton County, Ohio, Plaintiff tenant sued her landlord for personal injuries caused when she broke
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
THE WORKERS COMPENSATION COURT S ELECTRONIC FILING SYSTEM GUIDELINES EFFECTIVE FEBRUARY 9, 2014 Revised January 29, 2016 TABLE OF CONTENTS 1. Mandatory Electronic Filing...................................................6
Settling Your Injury Case... Without a Lawyer How to maximize the value of your claim under $10,000 The information provided in this report is for informational purposes only. Shulman DuBois LLC does not
Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should
www.goldbergsegalla.com NEW YORK PENNSYLVANIA CONNECTICUT NEW JERSEY UNITED KINGDOM Litigating the Products Liability Case: Discovery New York State Bar Association Buffalo, NY October 22, 2013 Presenter
Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come
Page 1 of 9 Guide to Small Claims Court 1. Introduction 2. What is Small Claims Court? 3. Who Can Sue and What Can You Sue About? 4. Before You Sue 5. When Must a Lawyer Represent Me in Small Claims? 6.
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48
What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.
Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for
DEALING WITH POLICE MISCONDUCT OR EXCESSIVE FORCE IN WISCONSIN Written by: Jonathan S. Safran This guide attempts to answer some of the most common questions and provides a basic understanding of the steps
Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 524-6981 Workers Comp Lawyer@LowcountryLaw.com
EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim
DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity
5 FUNDAMENTALS OF UNCOMPROMISING ADVOCACY By Anthony Castelli Auto Accident and Personal Injury Attorney INTRODUCTION If you ve been seriously harmed in a car accident, getting a fair settlement can be
GENERAL INFORMATION FOR UNREPRESENTED INJURED WORKERS ABOUT THE WORKERS COMPENSATION HEARING PROCESS FREQUENTLY ASKED QUESTIONS 1. Where can I get information about the hearing process?... 2 2. Where else
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It
Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship
CIVIL LITIGATION PARALEGAL 2007 revision and update by Barbara Biondolillo of Berenbaum, Weinshienk & Eason, P.C., and Peggy Upton, formerly of the same firm. 2007 Revision and update reviewed by Larry,
WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the
Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
OAKLAND UNIVERSITY SCHOOL OF BUSINESS ADMINISTRATION PARALEGAL PROGRAM SYLLABUS AUTO ACCIDENT LAW & CASES- CEPL 25780 FACULTY: TEXT: AVAILABILITY: SCHEDULE: COURSE DESCRIPTION OBJECTIVES/ OUTCOMES: CREDIT
CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES I. INTRODUCTION With the number of personal injury and healthcare-related lawsuits increasing each year, at some time in your professional career as a nurse, you
What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.
Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature
Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised
Local Rule 1301 Scope. Compulsory Arbitration Local Rule 1301 Scope. (1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators: (a) (b) (c) (d) Civil actions, proceedings
Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations
Reptile Theory: A Tail of Two Reptiles Julia B. Semenak If phrases like safety rules and community safety sound familiar, you have likely encountered a plaintiff s lawyer using the strategies set forth
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511
Your Guide to: STAGES OF AN AUTO ACCIDENT CASE Know what to expect during your auto accident case. In Auto Accident Cases, the process of getting recovery can be very frustrating. MOST FRUSTRATION COMES
Brochure More information from http://www.researchandmarkets.com/reports/2131730/ Library of Pennsylvania Personal Injury Forms Description: If you have a personal injury case in Pennsylvania, this book
Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted
What to Expect When You re Expecting A Lawsuit Jennifer G. Hall Meadowbrook Office Park 4268 I-55 North Jackson, MS 39211 601.351.2483 email@example.com What can Trigger a Lawsuit? Anything and everything
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA PLAINTIFF(S) v. DEFENDANT(S) CIVIL TRIAL DIVISION Compulsory Arbitration Program COURT TERM: NO. Defendant s Interrogatories
IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI, Plaintiff, vs., Defendant. Cause No. Division No. PLAINTIFF'S INTERROGATORIES DIRECTED Comes now plaintiff and, in accordance with the Missouri
RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...
Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,
Chapter 8 Initial Considerations in Defending a Lawsuit By M. Warren Butler and Alex Terry Wood Y ou ve just survived three years in law school and the Bar Exam, and it is your first day as a new associate
Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an
12 Common Auto Accident Myths: Protecting your rights and wallet after being injured in an auto accident. Introduction An auto accident can dramatically change your life. You could be injured and/or in
Pre Trial Checklist Three months before trial: Set trial date Look for conflicts Determine who will work on the trial Complete discovery Decide on expert witnesses Six weeks before trial Establish work
I. Overview 6.1 6 First-Party Litigation II. Initial Client Meeting A. In General 6.2 B. Identifying the Proper Insurer 6.3 C. Determining the Types of Benefits Recoverable 1. In General 6.4 2. Work Loss
PART III Discovery CHAPTER 8 Overview of the Discovery Process Generally, discovery is conducted freely by the parties without court intervention. Disclosure can be obtained through depositions, interrogatories,
Injury Accident Guide 7035 Jefferson Highway Baton Rouge, Louisiana 70806 Ph: 225-928-8800 Toll Free: 800-734-6545 Fax: 225-928-8802 Written by Peyton Murphy of Murphy Law Firm, LLC TABLE OF CONTENTS 1)
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared
Board Certified - Civil Trial Practice National Board of Trial Advocacy Licensed in Mississippi and Louisiana Law Offices of Paul Snow A Professional Law Corporation 419 S. State Street, Suite A-100 Jackson,
Current Trends in Litigation Involving the Use of Social Media John B. Kearney Partner and Head, New Jersey Litigation Group Ballard Spahr LLP 1 Introduction Social media now affect all phases of litigation
JUSTICE GERALD E. LOEHR, J.S.C. Rockland County Supreme Court 1 South Main Street New City, New York 10956 Courtroom 1 Tel: (845) 483-8343 Fax: (845) 708-7236 Staff Bruce J. Pearl, Principal Law Secretary
AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6
The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,
T H E S TAT E B A R O F C A L I F O R N I A WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? GET THE L E G A L F A C T S O F L I F E What should I do if I have an 1 a u t o a c c i d e n t? If I have an auto
APPENDIX 2A Sample Initial Letter Dear [name]: Re: Motor Vehicle Accident Please read this letter carefully and retain it in your file, as it contains important information about your claim and the basis
MAXIMIZE YOUR PERSONAL INJURY SETTLEMENT Part I: Find Insurance Coverage: Look at Accident Report & Write Letters People injured in a car accident in Florida should easily be able to locate car insurance
HOW TO RUN A PRODUCTIVE PLAINTIFF S PI / WORKERS COMPENSATION LAW FIRM Instructor: Paul M. Byck, Esq. Kreiter, Byck and Associates LLC 180 West Washington, Suite 800 Chicago, Illinois 60602 (312) 541-1145
Judge Contact Information 1. Please enter your name and contact information. Name: - Bradley G. Zell Email Address: - Phone Number: - 605-367-5920 Attorney Contact 2. Generally, how do you prefer attorney
Former Law Office of Vincent DiCarlo As of September 1, 2008,Vincent DiCarlo is no longer engaged in the private practice of law. This site is no longer maintained, may no longer be accurate, and is provided
Table of Contents Job Description ORM-C600... 4 Claims Adjuster 1-4... 4 INTRODUCTION ORM-C601... 7 SET UP NEW CLAIM FILE ORM-C602... 8 Litigated Claims... 8 Medical Record Review... 9 Investigation...
JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,
FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of
IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI, ) ) Plaintiff, ) ) Cause No. vs. ) ) Division No., ) ) Defendant. ) DEFENDANT S INTERROGATORIES DIRECTED TO PLAINTIFF COMES NOT defendant,
LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
JASPON & ARMAS, P.A. Authored By: What To Do When You ve Been Injured in a Car Jeremiah Jaspon This resource is provided by Jaspon & Armas, P.C. 301 South Orlando Avenue Winter Park, FL 32789 (407) 513-9515
Handling the Medical Malpractice Case in Arizona National Business Institute June 21, 2013 Heather A. Neal One North Central Avenue Suite 900 Phoenix, Arizona 85004 Telephone: (602) 307-9900 Fax: (602)
M.R. 3140 IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered February 16, 2011. (Deleted material is struck through and new material is underscored.) Effective immediately, Supreme Court Rules
DRIVING RELATED ISSUES Student Legal Service University of Illinois at Urbana-Champaign License Issues You are not required to obtain an Illinois Driver s license while you are enrolled as a student in
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In the Matter of a ) Uniform Pretrial Order ) ) Administrative Order 3AO-03-04 (Amended) UNIFORM PRETRIAL ORDER In order
STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge
My Attorney What A Personal Injury Lawyer Can Do For You By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group, P.S.
5 Discovery, Defenses, and Pretrial Motions I. Overview 5.1 II. Time Limits and Considerations A. Misdemeanor Charges 5.2 B. Felony Charges 5.3 C. Motions 5.4 Daniel J. Larin Edwin R. Leonard III. Discovery