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Electronically Stored Information in Litigation

Electronically Stored Information in Lawsuits

  People involved in civil lawsuits must comply with rules of discovery requiring that they produce documents requested by the other side.In another article I’ve described basic discovery rules. But what if there are no paper documents? What if the information at issue is stored electronically, some on one computer system, some relegated to offsite [...]

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Privacy and Security

Is My Privacy And Security Protected If I’m In A Lawsuit?

Privacy and security concerns raise increasing concern to those forced to release personal information during lawsuits in an era of increasing identity theft.  People who bring law suits or who are drawn into lawsuits must identify themselves and relevant background.  But how far do they have to go? Federal Rule on Privacy and Security Federal [...]

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Don't talk about your case.

Why Do Attorneys Say Don’t Talk About Your Case?

  “Don’t talk about your case.”  Nearly all attorneys advise clients not to discuss ongoing legal matters.  But why? In a criminal case the reason is obvious.  Any statement made by a person of interest can easily be turned around by prosecutors and used against him or her. But in a civil case what’s the [...]

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When They Say 'That Never Happened Before'

That Never Happened Before – Defense to an Accident Case?

Something happens.  There’s an accident.  Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. But does the law support [...]

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Use of Photo and Video Evidence in Court

Photo and Video Evidence: Always Allowed in Court?

Photographs and video present some of the most effective evidence possible in court.  In the dark ages of photography it took a small investment to buy or rent video equipment.  But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s hard to imagine an accident case [...]

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Social Media Posts in Litigation

Can Private Facebook And Other Social Media Posts Be Ordered Open If I’m In A Personal Injury Claim or Lawsuit?

  You have a personal injury case.  You’re claiming the injuries prevent you from enjoying many of your pre accident activities. The insurance company asks you about those pictures of you running on the beach on vacation.  The picture of you dancing at a party. Insurance companies monitor Facebook, MySpace and other social media sites [...]

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Reserves And How They Reduce an Injury Claim

When new claims are reported insurance companies set something called a reserve in the process of setting up a new file.  The reserve establishes the estimated value of the accident claim.  Required as an accounting procedure, reserves enable insurance executives to estimate the company’s total potential losses. From an accounting viewpoint, the “reserve” may sound [...]

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An Open and Obvious Danger

Does Open and Obvious Defense End an Injury Claim?

Open and obvious dangers present themselves every day.  Cliffs or holes beside a road or walkway.  Construction debris.  The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end the case? Consider a carpenter [...]

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Lost Wages & Impaired Earnings

How Do You Prove Lost Wages After an Accident?

  Recovering lost wages after an accident or injury is not always simple. Sure, if the person injured had regular wages for a period of time before the accident, getting lost wage verifications might be all that’s required. But, what about the self-employed, or those who just started a new business venture? What about when [...]

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Is There Tax on Personal Injury Settlements & Awards?

Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries and sickness incurred as a [...]

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