We frequently post blogs on information relating to Florida accident cases. Visit this page often to read blogs on such topics as car accident, truck accident, bicycle accident, motorcycle accident and bus accident cases in Palm Beach County and throughout Florida.
One of the most critical elements of your case once it reaches trial is to elicit credible testimony from witnesses in your favor. The objective with your before and after witnesses is to show the jury what you were like and what you were able to do before your West Palm Beach car accident in comparison to after. Your West Palm Beach car accident lawyer will want to know the names of persons who knew you before and after the accident that can testify as to the changes you have undergone and the impact on your quality of life. The best witnesses would be those who know you but are not necessarily your best friends such as a neighbor, coworker, or acquaintance from a social club,etc. The credibility of your witnesses is crucial to persuading the jury of your damages and pain and suffering. Having a skilled West Palm Beach car accident lawyer to conduct and effective direct examination eliciting convincing testimony is critical as well.
Sometimes it is necessary to hire an expert to assist the jury in understanding how a West Palm Beach car accident occurred or when the defendant and plaintiff do not agree as to how the accident happened. Some of the questions you might ask of the other party's expert through formal discovery or interrogatories as they are called are:
1. name and educational background
2. professional licenses
3. lectures, speeches, publications
4. prior court testimony
5. all contact the expert has had with the other side
6. whether there are other professionals assisting the expert
7. has the expert written a report
Your West Palm Beach accident attorney will determine whether you need an expert in your case. A good expert can make or break your case depending upon who he/she is testifying for. An experienced West Palm Beach car accident lawyer will do his/her homework and look closely at their experts and the opposing party's experts to determine their strengths and weaknesses as they relate to your accident case.
The bulk of your case comes down to damages. As an experienced West Palm Beach car accident attorney, you should focus on hard damages which are medical bills and lost wages (past, present and future). These damages are awarded to the accident victim, to fix the problem created by the at fault driver. They are rational and easy to prove and dangerous to the defendant and the defendant's insurance company. Another type of damages is loss of support which can occur when a family member dies and you show their loss of income over their lifetime. You must show how your client has been economically affected by their injury. Having your client keep a ledger of this and reviewing it with them, is a good way to keep track of these damages.
Lastly, never remove emotion from your case. Make the jury angry. Get into your client's shoes, advocate for them, and articulate to the jury how the defendant's egregious behavior has affected your client. We all have feelings and we all act on them. Our feelings guide our decisions--make your jurors act on their feelings.
In addition to preparing your client and evidence, you must create opportunities to remove any ounce of remorse the jury may have for the defendant. Wipe out all sympathy. Also, take a long, hard look at your client. If he/she is a jerk, a fraud, a miser, then they are going to be a bad client and you should not file suit. Lastly, don't ever try to represent yourself. Just because you like to argue and enjoy conflict, does not mean you can persuade a jury to give you money. Exercise some humility, and hire a good West Palm Beach trial accident attorney to represent you.
Expert witness testimony is key to successfully litigating a bad faith case. Attorneys and adjusters typically serve as experts in such a case. The purpose of the expert is to have the knowledge of someone who is trained in executing the duties stemming from an insured/insurer relationship and to analyze the bad faith issues for the jury. Experts look at issues such as foreseeability, conflicts between the attorney for the insurance company and the insured on the original tort action, fiduciary duty, the effect of the excess judgment on the insured, etc. Bad faith cases are complex and to understand them, the use of highly trained experts in these areas is crucial to helping the jury understand what the issues before them. If you have been injured in a West Palm Beach car accident, make sure you speak with an accident attorney immediately to insure your rights are protected and that you are not taken advantage of by the insurance company.