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The personal injury mediator will not tell the other parties your secrets (02/02/2010)
(...) If the case settles, the parties and/or the mediator might write a summary of the terms of the settlement so there are no disputes later on about the terms of the settlement. If the case does not settle, sometimes the mediator will offer to call the parties at some point in the future to see if any of them have changed their position so that some additional work might accomplish a settlement. If mediation was required by the personal injury judge, the mediator might also be required to send a report to the personal injury judge indicating that the mediation was conducted, as well as the outcome whether the case settled or not. (...)

At a mediation, a mediator is chosen to offer guidance (02/02/2010)
(...) Unlike an arbitrator, a mediator does not make any decisions in your case. There are several steps in a typical mediation. First, the plaintiff, defendant(s), their injury lawyers, insurance adjusters and the mediator will usually meet for an opening session. (...)

Importance of depositions in case of personal injury (02/02/2010)
(...) Attorney: I have here a copy of the transcript from that deposition. On page 57 I asked you what color car the defendant was driving when he supposedly ran the red light and hit your vehicle, could you please read the answer that you gave during that deposition (handing Plaintiff the document). Plaintiff: (reading from transcript) Silver. (...)

Your injury lawyer will probably prepare you for some questions (02/02/2010)
(...) You are, therefore, “under oath” during your deposition. After you are sworn in, the other injury lawyers ask you questions and you respond. The personal injury personal injury attorneys for each party (if any others) will each get a chance to ask you questions. (...)

Request to Waive The Federal Method (02/02/2010)
(...) S.). Serving Out-of-State Defendants What if the defendant lives in a different state than where the lawsuit was filed? For this situation, states have what are called “longarm statutes” which correspond to the state’s “long- arm jurisdiction. (...)

Personal injury High Low Agreements for parties (02/02/2010)
(...) If the jury gives $100,000 (or any amount between the high and low amounts in the agreement), the plaintiff gets the amount of the verdict. By using a high/low agreement, the parties can have a little less stress about going to trial because the plaintiff knows that he or she will at least get something no matter what the jury does and the defendant knows that if the jury gives a really huge amount, that the maximum amount that will actually have to be paid is limited to the high amount in the agreement. Some mediation styles and procedures differ by state, mediator and sometimes even by court, so check with your personal injury attorney to make sure you understand the exact nature of how the mediation will be conducted. (...)

At the mediation the parties are unable to reach a settlement (02/02/2010)
(...) One thing that varies by jurisdiction and that is often the subject of complex court battles is the definition of “costs.” Which costs have to be paid if the verdict is less than the offer of personal injury judgment? The rules frequently say that the plaintiff must pay the defendant’s costs, but does not spell out exactly what costs are included. The applicability of some costs are less disputed than others. (...)

Burdens of Proof for your personal injury case (02/02/2010)
(...) Basically, any evidence at all in favor of a position will provide prima facie evidence. In personal injury cases, this standard of proof is most commonly used with regard to motions to dismiss and motions for summary personal injury judgment. If a defendant makes a motion to dismiss or a motion for summary personal injury judgment, the plaintiff must show that he or she has a prima facie case this means that there is prima facie evidence of each element of the cause of action alleged by the plaintiff. (...)

How to prepare for the big day with your personal injury attorney (02/02/2010)
(...) I like to set up a miniature, simulated courtroom to use in preparing my clients to testify. Another important issue, which you should ask your personal injury attorney about if he or she does not mention it to you first, is what you should wear to the trial. What you wear during trial can and should be an important part of your personal injury attorney’s trial strategy. (...)

Your personal injury case before the court (02/02/2010)
(...) Jury Selection Jury selection will be conducted either on the morning of the first day of trial or at some point in advance of trial. In either case, the process will go something like the following. Once the potential jury pool has arrived and the injury lawyers and personal injury judge are settled in for the day’s business, the first major step in the trial of a case will be the selection of a jury. (...)

Personal injury attorney on the case day (02/02/2010)
(...) Although some inferences are typically made in the opening statement as to what the personal injury attorney wants the jury to find based on the evidence, it is technically improper to tie any “facts” into the legal principles involved. This is because the personal injury judge does not instruct the jury about what laws are applicable in the case until after all of the evidence and testimony has been presented. To illustrate this sometimes difficult distinction, in opening statement, the plaintiff’s personal injury attorney might tell the jury: Ladies and gentlemen of the jury, you will hear testimony from the plaintiff, as well as three disinterested witnesses to the accident, that the defendant, Mr. (...)