If you happen to get injured in Los Angeles and wants to file a personal injury claim, it would be best to know some important facts.
First you must be able to establish two things:
1. You must be able to demonstrate and prove that the other person was at fault
2. You must prove that the damages you claim reflect your injury or loss.
In establishing your personal injury claim, you also have to consider that if the other party could prove that any part of the injury you experienced was partly or wholly your fault, this would affect the outcome of your claim. Even if the other party is found to be at fault, if it appears that you did not attempt to keep the expenses and lost income at a minimum, your claim could also be reduced.
After determining who is at fault in the incident, next you have to identify which area of the tort law is applicable to your case:
• Negligence – In a personal injury claim, you have to show that your injury was caused by the negligent action of another party
• Intentional wrong – These are often cases which are the results of criminal acts and are not eligible to receive monetary damages under the law
• Strict liability – this is applicable when a defective product causes harm
Types of Personal Injury Damages
There are two main types of personal injury damages, namely: compensatory damages and punitive damages.
1. Compensatory damages - This type of personal injury claim involves a demand for compensation for demanded for any emotional or physical suffering that you might have to endure after the injury or accident. This may include loss of wages, emotional distress, pain and suffering, permanent disability, loss of profit, etc.Expenses typically categorized as special damages include:Damage to the property you own (clothes, home, car, etc.)
* Medical treatment expenses
* Loss of pay for the time you spent in the hospital
2. Punitive damages- a type of claim awarded in addition to compensatory damages which is done to deter others from committing similar action.
Special damages can be compounded by the possibility of you losing the ability to earn or continue work in the same profession as you were before the accident. Special damages will also cover the loss that you suffer if a member of your family, who is a breadwinner, died as a result of an accident.
To obtain the best relief and compensation from a personal injury claim, the best thing to do is to consult an attorney. A personal injury lawyer will guide you through the intricacies of the tort law and help you improve your chances of getting the maximum claim for your personal injury.
In order to make your case strong, you should keep all the evidences, including documents and receipts that represent these payments very carefully. The more proof you have of the expenses you incurred to recover from the injury you suffered, the better are your chances to win the claim.
Tuesday, June 9, 2009
Guidelines in Personal Injury Trial Presentation
Proving who is at fault in an accident is the crux of all personal injury cases. To improve the chances of success in your case, you must be able to show that the other party’s negligence or recklessness had caused you an injury or damage.To be able to accomplish your trial goals, you must have a convincing, relaxed presentation of your case in court. Here are a few tips:• Observe other trials and court proceedings – Visit the court a day before your trial to listen and observe the judge and the proceeding. This will give you an idea of what to expect, how to act, and how to dress for your day in court. • Prepare by doing your homework - Get ready for your hearing by interviewing all your witnesses and making them available to testify. Have all exhibits ready. Make copies of necessary documents for the judge and the opposing counsel. Have a notebook ready to serve as your journal for the trial.• Show respect and courtesy to all parties – Refrain from being too argumentative with the opposing counsel and be in good terms with the judge, jurors, your witnesses, court personnel, opposing counsel, and the opposing witnesses.• Develop a convincing story for your case – Tell a good and consistent theme for your case. If your case involves a complicated issue, try to tell in layman’s terms.• Show don’t tell – Instead of narrating your story in a straightforward manner, use visual images, pictures, exhibits and videos to make your story interesting.• Admit your flaws, dismiss bad facts – Be prepared to do some damage control when the opposing party brings up your flaws. Discuss your flaws and be ready to admit and dismiss them, then move on.• Make your own research on evidence – Make sure that the evidence you will present in court are admissible. Do your own research to ensure they are credible and will help to prove your case.• Pay attention to the jury – You should pay attention to the jury’s reaction and be aware of their demonstration or explanation whenever required.
Besides observing these guidelines during a court trial, trial lawyers must also consider other elements in court presentation. Here are some of the obstacles toward a compelling storytelling at a trial:
1. the nature of adversarial process
2. the rules of evidence
3. inconsistencies and other credibility problems
4. complicated subject matter
Adversarial Process
First and foremost, trial is adversarial. Each party has competing interests and conflicting versions of events. In many ways, a trial is a contest between two or more competing stories. These stories can create a fragmented and confusing compilation of facts. The trial lawyer must bring order out of the chaos. Telling a compelling story, which eliminates unnecessary facts, emphases strengths, and minimizes weakness is critical to effective advocacy and proving of a case.
Rules of Evidence
The rules of evidence, including the rules against hearsay, can hamper an attorney's ability to tell his client's story. But the rules of evidence may cut both ways. A series of strong, well-founded motions can severely undercut an opponent’s ability to tell his client's story.
Credibility Problems
Credibility is vital to success at trial. If an attorney tells a story that proves untrue, even on the most minor detail, the jury will question all other aspects of the attorney's case. Once credibility is destroyed, it is usually destroyed forever. Therefore, everything must be done to avoid inconsistencies as well as exaggerations and omissions of harmful facts which will be brought up during trial.
Complicated Subject Matter
Trials may be complicated enough even without a complex subject matter. A lawyer who finds himself trying to deal on a complex issue must be able to identify the big issues in the case and eliminate the rest. He must have the ability to sift through the maze of words and ideas. The attorney who is best able to present a clear and convincing story has better chances to succeed at trial.
Besides observing these guidelines during a court trial, trial lawyers must also consider other elements in court presentation. Here are some of the obstacles toward a compelling storytelling at a trial:
1. the nature of adversarial process
2. the rules of evidence
3. inconsistencies and other credibility problems
4. complicated subject matter
Adversarial Process
First and foremost, trial is adversarial. Each party has competing interests and conflicting versions of events. In many ways, a trial is a contest between two or more competing stories. These stories can create a fragmented and confusing compilation of facts. The trial lawyer must bring order out of the chaos. Telling a compelling story, which eliminates unnecessary facts, emphases strengths, and minimizes weakness is critical to effective advocacy and proving of a case.
Rules of Evidence
The rules of evidence, including the rules against hearsay, can hamper an attorney's ability to tell his client's story. But the rules of evidence may cut both ways. A series of strong, well-founded motions can severely undercut an opponent’s ability to tell his client's story.
Credibility Problems
Credibility is vital to success at trial. If an attorney tells a story that proves untrue, even on the most minor detail, the jury will question all other aspects of the attorney's case. Once credibility is destroyed, it is usually destroyed forever. Therefore, everything must be done to avoid inconsistencies as well as exaggerations and omissions of harmful facts which will be brought up during trial.
Complicated Subject Matter
Trials may be complicated enough even without a complex subject matter. A lawyer who finds himself trying to deal on a complex issue must be able to identify the big issues in the case and eliminate the rest. He must have the ability to sift through the maze of words and ideas. The attorney who is best able to present a clear and convincing story has better chances to succeed at trial.
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