In many states, including California Code of Civil Procedure section 222.5, the use of“specific or arbitrary time limits” on voir dire is prohibited Encouraged instead is liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the judge’s examination should not preclude additional nonrepetitive or non-duplicative questioning in the same area by counsel. By eliminating arbitrary time limits (“you have 30 minutes with the first 18 jurors”) it allows each party to encapsulate their case into a brief statement, and allow the venire to digest each case and voice any concerns, biases, or prejudices at the outset of the voir dire process and encourages follow up on what was just said. While the Court may set reasonable parameters, parties still have the right to fully examine the venire to make intelligent use of peremptory challenges and challenges for cause.

This is simply good policy and is not limited to California.  Many states have adopted some version of the above and, if your state has not, you should push for this policy change.

In addition to expressing a preference for mini-openings, the California Legislature amended Code of Civil Procedure section 222.5 to rectify the problems posed by artificial time limits and inability to get complete juror information in voir dire.  (See Assem. Bill No. 1403 (2011-2012 Reg. Sess.) § 1 [“The bill would prohibit the trial judge from establishing a blanket policy of a time limit for voir dire, and would provide that the parties should be given reasonable time limits [instead] . . . .”].) Code of Civil Procedure section 222.5 specifically provides that “[s]pecific unreasonable or arbitrary time limits shall not be imposed in any case” and that the court “shall not establish a blanket policy of a time limit for voir dire.”  And the rationale makes sense.  Parties need enough time to examine prospective jurors in order to “intelligently exercise” their peremptory challenges and challenges for cause, and courts should permit “liberal and probing examination” calculated to discover bias or prejudice.  (Code Civ. Proc., § 222.5, emphasis added.)

Both liberal and probing examination and intelligent use of challenges inherently requires a cohesive process: the Court may impose reasonable time limits for voir dire based on the particulars of the case before it, but allow counsel flexibility in examining the venire to discover bias or prejudice.  This will allow for a more efficient and productive voir dire process, and promote the purpose of jury selection: to find and select impartial members of the community in the fairest way possible to hear and decide the parties’ dispute.

It is important to emphasize, however, that “unlimited” time with the jury does not mean that you or a trusted personal injury lawyer Newport Beach CA trusts should prattle on.  The jury is the audience.  There is absolutely such a thing as too-much of a good thing. You are there to spark discussion and to get the jurors talking about their feelings, biases, and prejudices.  You are not there to talk about you, to impress the jurors with your legal knowledge, or to secure a juror’s commitment to vote a certain way.  Not only does this not work, it is always counterproductive and will backfire. You will look untrustworthy and authoritarian.  Emphasize to the judge and to the jury that you respect their time as you would your own. If the case is truly non-controversial, keep it brief, even though you have requested and been granted “unlimited time.”  The trial judge will view you as the reasonable side and future requests will be much more likely to be granted if you demonstrate that you are efficiently seeking full justice. Every word must matter. Be a good shepherd of the juror’s time, while finding out who is and who is not right for the specific case.

Thanks to our friends and contributors from Bruno Nalu for their insight into benefits of unlimited voir dire.

• Neck and back injuries
• Brain injuries
• Burn injuries
• Dog Bites
• Spinal cord injuries
• Injuries due to a slip and fall accident
• Injuries sustained in an automobile accident

1. How much experience does the attorney have handling cases with the type of injuries that you have suffered from the accident?

1. What is the law firm’s payment policy? Do they require upfront payment of disbursements? (Many law firms do require at least a partial disbursement payment, but most won’t collect their legal fees until the case is final and you receive your award.) Be sure you understand the payment arrangements before signing any paperwork.

1. Who in the office will handle the majority of your case? Will it be the attorney, other attorneys, or paralegals?

1. Does the lawyer receive referrals from other attorneys? (This can indicate that the lawyer is held in high regard within the legal community.)

1. What is the lawyer’s track record in cases like yours?

1. Does the lawyer think that the retention of expert witnesses will be needed? Many times, a case’s success will revolve around the testimony of expert witnesses. Expert witnesses could include other medical personnel, road construction experts, engineers or other professionals who work in a field that is somehow related to your injury. However, each expert witness will cost money and you will be responsible for paying them.

The merits of a wrongful death case hinge on proving that another party is responsible for the death of the deceased. While this may sound elementary, proving fault in wrongful death cases is complicated. There are several challenges that often surround these cases. Given that there is so much at stake, it is often wise to consult with a wrongful death attorney. For starters, there is a need to establish the merits of the case. Understanding the complications and intricacies of wrongful death suits helps to shed light on the need for an attorney.

Statute of Limitations

By law, all civil actions including wrongful death are subject to a statute of limitations. This means that there is a time frame when these claims can be filed. The statute of limitations differs from one state to another; some are set at one year, while others give a “limitations period” of up to three years. Based on your jurisdiction, a personal injury lawyer DC relies oncan help you determine the applicable statute. This is why it is advisable to speak to an attorney as soon as possible. Our lawyers are on standby to offer a case evaluation and guide you forward. An attorney can advise you as to whether or not your case may qualify for an exception to the statute of limitations. Common exceptions are:

• Waivers. While this statute is limiting, there are certain instances when the court may grant a waiver. There are also special circumstances when tolling or suspending the statute is acceptable. However, even this provision still depends on the state’s law. If the discovery period takes long, the courts can allow for tolling.
• Minors. Another special example applies to minors. If a wrongful death action needs to be filed by a child, then they can only do so once they attain the required age.

When it comes to the statute of limitations, the courts will weigh the benefits of suspending or tolling against any prejudice to the defendant. Their decision may also be hinged on the case before them and how the attorney argues it out. The statute of limitations can be a major challenge in a wrongful death lawsuit. Our experienced lawyers can help you sidestep some of the potential challenges that these limitations come with.

The Jury’s Perception 

The value of life cannot truly be accurately assessed in monetary terms. When deciding on how much to award for damages, the jury will consider the surviving estate. The general trend is that the jury will be more sympathetic to people with whom they can relate and empathize. If the surviving members of the family come across as respectable, likable, trustworthy and genuine, then the courts may award a higher amount.

However, should the jury perceive that the surviving estate is merely on a “get rich quick” scheme, then they are likely to favor the defendant. This means that the case presented before the courts should be believable. This can prove to be a challenge if the victims do not know how to make a good case. Aside from defending the victims, the lawyer will also need to defend the memory of the deceased. The jury will consider whether the deceased was a good person in society, or whether he or she was a person of questionable character. The relationship he or she had with the surviving family will also be considered. The jury is normally inclined to award more money to a good person.

As evidenced, it is best to consult with our wrongful death lawyers. Together, we will develop a strategy for making the strongest possible case for the jury. Wrongful death cases are often emotional for the surviving family members. It is the goal of our wrongful death lawyers to provide you with much-needed peace to heal as we work to secure you a fair settlement.

Thanks to our friends and contributors from Frederick J. Brynn P.C. for their insight into wrongful death cases.

Most states require drivers to carry liability insurance with minimum limits to cover injuries and damages caused in a car accident. Often, states require you to buy at least $25,000, or in some cases $50,000, in coverage in order to have the privilege of operating a vehicle.

Insurance costs money, it’s something many of us don’t feel a tangible benefit from, so why would you buy more than your State requires you to buy? After all, you are trying to abide by the law, but as cheaply as possible, right?  As a car accident lawyer Memphis TN trusts, we highly recommend that you carry more than the required minimum insurance limits. Here are some reasons why:

Medical expenses are on the rise.  If you are in a car accident and it’s your fault, you may become responsible for paying for the injured person’s medical expenses. Have you seen a medical bill lately? We have seen many, and in most cases, when there is a significant injury, such as a broken bone, a minimum limits policy is not enough to cover the claim of the injured person. New findings from the Insurance Research Council’s (IRC) Auto Injury Insurance Claims Study show that medical expenses reported by car crash victims continue to increase, even though the severity of the injuries seems to be going down.  Here are some other sobering statistics about the costs of a car crash:

• Average cost for each death in a crash: $1,130,000
• Average cost for each non-deadly disabling injury: $61,600
• Average cost for each property damage crash (includes non-disabling injuries): $7,500
• Average economic cost for incapacitating injury crash: $65,000
• Average economic cost for non-incapacitating evident injury crash: $21,000
• Average economic cost for possible injury crash: $11,900

If you do not have enough auto insurance, your personal assets will be on the line. If you are in a car wreck and it is your fault, you may become liable for the injured person’s damages. Not just medical bills, but other types of damages as well such as lost wages and pain and suffering. If your insurance policy limits are not enough to settle the injured person’s claims, he or she could possibly obtain a judgment in court and then collect against you personally, such as by garnishing your wages, levying upon your bank accounts, or collecting against other personal assets you may own such as a home, automobile, or boat. So, in this way, having the proper amount of insurance in place is a form of asset protection.

If you can help it, don’t skimp when it comes to insurance. Talk with your insurance agent about the different types of coverage available and purchase as much coverage as your budget will allow.

If you need help with your auto accident case, or another kind of personal injury case, contact the experienced lawyer today.

Thanks to our friends and contributors at Wiseman Bray PLLC  who have significant experience fighting for auto accident victims in Tennessee.

The number of registered motorcycles in the United States has risen in recent years. Because so many more motorcycles are on the road, accidents are becoming more frequent. When a motorcyclist has an accident, his injuries are likely to be far more serious than those riding in passenger cars, trucks, and SUV’s. This is because there is little protection surrounding a motorcycle rider, unlike a passenger vehicle which has several tons of metal around the driver. The following is an overview of motorcycle accident statistics in the United States and how personal injury law may help an injured rider obtain compensation for his injuries.

Number of Registered Motorcycles In The U.S.

As of 2015, the Bureau Of Transportation Statistics states there are 8,417,718 registered motorcycles in the United States today. California has the highest number of registered motorcycles, followed by Florida and Texas.

Motorcycle Accident Injury Statistics

In 2015, 88,000 people were hurt in motorcycle accidents, which is down from 92,000 the previous year.

Fatal Motorcycle Accident Statistics

According to the National Highway Traffic Safety Administration, 4,976 people died in 2015 in motorcycle accidents which is an increase from the previous year. In 2014, 4,594 people died in motorcycle crashes.

Common Motorcycle Accident Injuries

While there are many different types of injuries motorcyclists can sustain in accidents, some are more commonly reported than others. The most common motorcycle crash injuries include:

• Facial Fractures
• Spinal Cord Injuries
• Closed Head Injuries
• Paralysis
• Facial Lacerations
• Broken Bones
• Internal Organ Damage
• Severed Limbs
• Traumatic Brain Injuries

If you or a loved one suffered serious injuries like the ones mentioned above, you may benefit from speaking with a personal injury attorney to discuss all of your options.

What Damages You Could Recover

While no amount of money can compensate you for serious accident injuries, you could be awarded a settlement if you file a lawsuit and are successful. Some examples of damages typically awarded in these types of personal injury cases include:

• Ambulance Fees
• Hospital Bills
• Emergency Room Costs
• Cost of Alternate Transportation To Doctor Visits
• Speech, Physical, or Occupational Therapy Fees
• Pain and Suffering
• Lost Income
• Emotional Distress

If your injuries are so severe that you cannot return to work and are deemed disabled by your doctor, you may be able to obtain a settlement for future lost wages. This type of monetary compensation is designed to compensate you for money you can no longer earn during your career. If you can return to work, but can no longer perform you job duties and must change occupations you can also receive a partial settlement for future lost wages, because your earning capacity is diminished.

With over eight million motorcycles on the road, it is little wonder why so many people are hurt in accidents each year. Contact a motorcycle accident lawyer  trusts for information about your case and how personal injury law may work for you.

After an accident, things can move quickly and chaotically, especially if someone has been injured. However, it is absolutely crucial to take pictures of the damage to your vehicle and the other vehicles involved in an accident as soon as possible. If you have been injured or are otherwise unable to do so, try to contact a friend or family member to help you get the photographic evidence you need.

The very first thing you should do if you find yourself in an accident is contact the police, and make sure that everyone involved has not sustained any injuries. While waiting for the police to arrive, take as many pictures as you can of the visible damage to your car. Photos of damage can help make or break a claim with an insurance company or in a personal injury lawsuit. By documenting the damage to your car, you ensure that there is no room for interpretation as to how much you are owed to repair your property, and cement your later claims.

It is also important to take your own pictures of the other cars involved in the accident. If you can, take pictures of the road conditions such as traffic or weather. Keep an eye out for any skid marks that either car left behind. Often times the police will take these photos themselves, but it is still important to have some of your own. By taking these pictures, you protect yourself from any overly ambitious claims raised against you by other drivers and provide further evidence of your own to show your side of the story.

Once you are safe and have ensured you are not injured, contact an experienced car accident attorney Dekalb County GA turns to and bring your photos to them. A skilled personal injury attorney will be able to use the photos that you take to demonstrate just how much property damage was inflicted on your vehicle and show who was at fault in the accident. The time after a car accident is stressful enough without having to deal with court proceedings. Allow yourself to rest at ease and let your attorney ensure that you receive every dime that you are owed so that you can properly heal and repair your property.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into the importance of taking photos after the accident.

You have a contract. The other party failed to perform his or her responsibilities under the contract.  As a result, you are entitled to damages in a lawsuit, right?

Not necessarily. You can only recover damages in a breach of contract lawsuit if you suffered damages as a result of the breach of contract.  As a business litigation lawyer, Memphis, TN trusts time and time again in breach of contract cases, we’d like to share with you the basics of proving damages in a breach of contract case.

What is the measure of damages in a contract case?

Damages in a breach of contract case represents payment for actual losses caused by the breach of contract.   You are only entitled to be put in the same position you would have been in if the contract had been performed. In other words, you can’t profit from a breach of contract. In addition, in most states, punitive damages are not recoverable, and neither are damages for mental anguish, stress, or damage to reputation.

Example: In a breach of employment contract case, the contract damages might be the salary that a person would have earned had the employer not breached the contract.

Damages can’t be speculative or uncertain.

You have the burden of proving your contract damages. Without sufficient proof of damages, there can be no monetary award – even if there is a clear breach of contract by the other party. 

Most jurors will be vaguely familiar with the different burdens of proof, particularly the criminal standard “beyond a reasonable doubt,” due to all the CSI crime shows on television.  One of the most important parts of Voir Dire is educating the jury pool on the proper standard in a civil case.  You should take time to use your hands when describing the different burdens of proof.  For example, when using the term “clear and convincing evidence” – a very high burden of proof, you should keep one of your hands near your torso while raising your other hand very high – every time.

Have you ever tried to get out of bed, and when you turn to your side and try to jump out of bed like every morning you hear, ‘Pop!’  And right after you have to sit down again quickly.  After gaining your composure you reach for the phone and call your back pain doctor Rockville MD trusts.  As the receptionist takes your information, they ask you those famous words, “How did you sustain the injury?”