A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all that. In the real word, [...]
Tag Archives: court rules
Minor Settlements: Why is Court Approval Required?
Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions. Minors in most cases can’t sign enforceable contracts. So, an insurance release cannot bind a minor. This contradicts the basic purpose of insurance company releases seeking [...]
PERSONAL INJURY: Liability – No “Guilt” or “Innocence”
“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level. Even in an accident caused, allegedly, by a person running a red light, the light runner is not “guilty” in a civil lawsuit. [...]
PERSONAL INJURY: Depositions
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The stenographer’s job is to document [...]
One Person’s Trash – Another Person’s Evidence
Q: How do I keep my trash private? I’m involved in a court suit and my trash disappeared before the trucks came and I don’t think that’s right. A: Get a paper shredder. Once trash is placed outside, there’s no reasonable expectation of privacy. It’s not a pretty picture, but there have been high profile [...]
PERSONAL INJURY – Rules of Evidence
Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law. Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court. One reason to have a lawyer, among others, is that attorneys are trained in [...]
Personal Injury: Emotional Distress
Stress infiltrates our lives. Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims. They feared “opening the floodgates”. Foreign Objects in Food People finding foreign objects in [...]
Follow Us
Receive tips and news from our updates:
-
Bankruptcy: What Address Do You Use For Creditors
-
Name Wrong on Marriage Certificate
-
AUTO INSURANCE IN MASSACHUSETTS
-
LIENS ON PERSONAL INJURY CASES
-
PERSONAL INJURY: Do-It-Yourself Follies
-
MITIGATION OF DAMAGES IN PERSONAL INJURY
-
Discovery in Civil Litigation
-
Dog Bite Cases in Personal Injury Law
-
Notice Requirements in Personal Injury Cases
-
PREMISES LIABILITY LAW AND INJURIES
-
DEIDRE: In answer to AVVO website posting: Thank you for y...
-
Neil Kitchener: Dear Sir, Your information is most helpful and ...
-
-C.A.V.: There are many choices when it comes to selecting ...
-
Wendy Spillane: I find it interesting that as a result of this dec...
-
Andrew Myers: I can't answer for credit card companies that are...