West Palm Beach Car Accident Final Pretrial Order

West Palm Beach Car Accident Final Pretrial Order

West Palm Beach Car Accident Stipulation Regarding Medical Bills

West Palm Beach Car Accident Stipulation Regarding Medical Bills

West Palm Beach Car Accident Stipulation Regarding Medical Records

West Palm Beach Car Accident Stipulation Regarding Medical Records

West Palm Beach Car Accident Affidavit Certifying Business Records

West Palm Beach Car Accident Affidavit Certifying Business Records

West Palm Beach Car Accident Notice of Intention to Introduce Business Records

West Palm Beach Car Accident Notice of Intention to Introduce Business Records

West Palm Beach Car Accident Trial Notebook Checklist

West Palm Beach Car Accident Trial Notebook Checklist

West Palm Beach Car Accident Trial Notebook Outline

West Palm Beach Car Accident Trial Notebook Outline

West Palm Beach Car Accident Motion to Sever

Read Here to Learn about West Palm Beach Car Accident Motion to Sever

West Palm Beach Car Accident Motion to Bifurcate

Read Here to learn about West Palm Beach Car Accident Motion to Bifurcate

West Palm Beach Truck Accident Juror Questionnaire

Read Here to Find Out What Questions Prospective Jurors Might be asked in a West Palm Beach Truck Accident Case

West Palm Beach Car Accident Wrongdul Death Plaintiff's Opening Statement

West Palm Beach Car Accident Wrongdul Death Plaintiff's Opening Statement

West Palm Beach Car Accident Defense Motion in Limine

West Palm Beach Car Accident Defense Motion in Limine

West Palm Beach Car Accident Impeachment by Omission

In the courtroom, it's not always about what someone did but sometimes it comes down to what someone did not do. When you are trying to impeach a witness in a West Palm Beach car accident trial, you sometimes have to back them into admitting that they failed to do something which may have caused harm to the Plaintiff. For instance, if you see a nurse at a hospital and give her your medical history including your current medications and she fails to list the medications on your records or ask you and document when you last took your medication and the lack of documentinf the answers to these questions cause the doctor to make decision regarding your treatment that he/she might not otherwise have made, then the nurse failed to properly document your medical history by omitting pertinent information that she may remember and testify to at trial but that cannot be found in any medical records.

Stuart v. Hertz - Florida car accident lawyer

Stuart v. Hertz - Florida car accident 1800-74-TRIAL

West Palm Beach Car Accident Cross Exam Concession from West Palm Beach Car Accident Expert

Medical terminology can often be misleading which in the courtroom, lawyers will take advantage of if they can. Your West Palm Beach car accident lawyer should have a good understanding of your injury and what your diagnosis is, what your long-term prognosis is, etc. For instance, you have a mild brain injury, there is not really anything "mild" about a brain injury. Your West Palm Beach car accident attorney should carefully examine any experts as to what this means and what types of events can cause brain injuries and whether they are always identifiable through diagnostic imaging such as MRIs, X-rays, and CT scans. You could be profoundly disabled and have a "mild" brain injury. It is your West Palm Beach car accident attorney's job to insure that any testimony regarding your injuries is not misleading to the jury so that there is a clear understanding of what your long-term prognosis and care will involve.

Motorcycle rider without PIP coverage|Florida car accident

Motorcycle rider without PIP coverage|Florida car accident

West Palm Beach Car Accident Cross Exam Concessions from Defense Radiologist

If you have been injured in a West Palm Beach car accident and have sustained injuries, chances are you will probably have at least one MRI done. MRIs typically show disc bulges and herniations in the neck and back which are two of the most common areasof injury to a person in a West Palm Beach car accident. MRIs have to be interpreted by a radiologist trained in reading them and drawing medical conclusions based upon the reading of the image. Radiologists almost never actually see or examine the West Palm Beach car accident victim or review their medical history or even see previous MRIs if the person has had them. Therefore, their opinions and testimony are limited and they should not testify as to a patient's symptoms, pain, prior injuries, etc. unless they have met with the patient and have a basis for doing so.

West Palm Beach Car Accident Cross Exam of Qualifications of West Palm Beach Car Accident Expert

Once you haven entered the trial phase of your West Palm Beach car accident case, it essentially becomes a battle of the experts. One of the ways in which your West Palm Beach car accident lawyer can limit the credibility of the defense doctor is to attack his credentials/qualifications. Your West Palm Beach car accident attorney will want to study the defense doctor's resume and maybe depose hime/her prior to trial. Sometimes, doctors practice in the field of internal medicine which is a more general or broader area than say a neurosurgeon. Your West Palm Beach car accident attorney may be able to cast doubt on the doctor's ability to form opinions as to your injuries esepcially if you have undergone surgery and the doctor is not a surgeon and has only a general understanding of your symptoms and injuries.

West Palm Beach Car Accident Hearsay Exceptions II

There are several other hearsay exceptions your West Palm Beach car accident attorney will have to be familiar with during the course of your West Palm Beach car accident trial. An excited utterance is an exception to the hearsay rule concerning an out-of-court statement concerning a startling event that is made while the declarant is under the stress of the excitement caused by the event. The bodily condition or state of mind exception is a statement about the declarant's then existing state of mind, emotion, sensation, or physical condition that goes to plan, intent, motive, design, mental feeling, pain, and bodily health. Statements made for medical diagnosis or treatment and past recollection recorded are also exceptions to the hearsay rule that may be used during the course of your West Palm Beach car accident litigation. 

West Palm Beach Car Accident Hearsay Exceptions I

If your West Palm Beach car accident case proceeds to trial, your West Palm Beach car accident lawyer will undoubtedly have to deal with issues of hearsay during the course of the trial. Hearsay is an out-of-court statement offered for the truth of the matter asserted.Generally, these statements are not allowed to some into evidence at trial due to reliability issues. However, there are exceptions to the hearsay rule.

1. Admission--this is an out-of-court statement made by a party that is being offered as evidence against that party at trial

2. statements of co-conspirators

3. prior inconsistent statements where the out-of-court statement is inconsistent with what is being offered at trial

4. prior consistent statements--out-of-court statement consistent with declarant's testimony at trial and offered to rebut charge of recent fabrication or improper influence or motive

5. identification out-of-court when identification is made after perceiving the person

6. present sense impression--particular event where declarant made statement while experiencing the event or shortly thereafter

West Palm Beach Car Accident Defendant's Motion for Directed Verdict

The defense may also ask the Court to enter a directed verdict in your West Palm Beach car accident case at the close of all evidence by stating to the Court that no evidence was offered or received which raises to the jury an issue on allegations of negligence in West Palm Beach car accident plaintiff's petition or that no evidence was offered or received upon trial tending to prove that the defendant was guilty of negligence and that the West Palm Beach car accident plaintiff was contributorily negligent which was the sole cause of the injury.

West Palm Beach Car Accident Plaintiff's Motion for Directed Verdict

If your West Palm Beach car accident case proceeds to trial, your West Palm Beach car accident lawyer may move for a directed verdict in your case at the close of evidence on the issue of contributory negligence if it is being raised by the defense by filing a motion with the court asking the court to enter a directed verdict in your favor and against the defendant if the following occurs: no evidence is offered which raises to the jury the issue of contributory negligence in the defendant's answer or no evidence was offered to prove West Pam Beach car acccident plaintiff was guilty of contributory negligence.

West Palm Beach Car Accident General Jury Instructions

At the beginning of your West Palm Beach car accident trial, the judge will give the jury general instructions which are designed to outline the legal rights and duties of the parties and how the law applies to the facts the jury will have to decide. The judge will go over opening statements which is the opportunity for each side to tell the jury what they expect the evidence will be and that this is not proof, the West Palm Beach car accident attorneys may go over what the evidence will be such as testimony, exhibits, pictures, objects. The judge will then go over objections and what those are and how his/her ruling should not influence the jury and that if he/she sustains the objection the jury cannot consider the evidence, but if he/she overrules the objection, then the jury can consider the evidence. The jury will be asked to keep an open mind and not to engage in nay preliminary discussions among themselves or with anyone else inlcuding the lawyer and parties. After closing arguments and final jury instructions, the jurors will be allowed to dleiberate and consider the evidence and review their notes if they took any. Juror notes are destoryed after the verdict is read.

West Palm Beach Car Accident--Final Jury Instructions

The judge at your West Palm Beach car accident trial will give general jury instructions at the beginning of your trial and at the end he/she will give specific jury instructions that explain the law of your West Palm Beach car accident case to the jury. He/she will explain what negligence means in your jurisdiction, that they can only rely on the evidence presented in the case and reasonable inferences drawn from it, he/she will discuss fault and percentage of fault if the defense is claiming contributory negligence, he/she will discuss determining whether the defendant directly caused or contributed to your injuries and then determing a total amount to fairly and justly compensate the plaintiff for his/her personal injuries. 

West Palm Beach Car Accident Trial Notebook

Once your West Palm Beach car accident case has been set for trial, your West Palm Beach car accident lawyer will begin to prepare your case to be presented to a jury. This is a very time consuming endeavor and most West Palm Beach car accident trial attorneys use a notebook to keep track of what they will need in a trial. It will usually include the following:

1. a case summary
2. reports--police, investigators, experts
3. pretrial orders
4. pleadings and amended pleadings
4. applicable statutes
5. discovery--interrogatories, request to produce, depsition summaries, and requests for admission
6. motions and orders
7. stipulaitons
8. requests for judicial notice
9. proof list--elements, claims, defenses
10. witness list
11. exhibit list
12. juror profile
13. voir dire questions
14. jury notes
15. outline for direct exams and cross exam
16. outline opening and closing statements
17. jury instructions/verdict forms
18. rules of evidence/objection checklist