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Civil Litigation

Strategies for Overcoming the “Subjective Injury” Defense in Personal Injury Cases

In personal injury disputes, the "subjective injury" defense is a frequent tactic employed by defendants to contest the severity of the plaintiff's injuries. This argument argues that the plaintiff is simply exaggerating the severity of their ailments for financial benefit and that the plaintiff's injuries are subjective and cannot be reliably established. It might be difficult to overcome the subjective injury defense, but there are a number of tactics that can be employed to do so and establish the full degree of your ailments. Some of the best tactics are listed below: Medical records: The plaintiff's medical records are among the most crucial pieces of evidence in a personal injury case. These documents can be used to determine the extent of the plaintiff's injuries and can offer conclusive proof of the plaintiff's pain and suffering. Expert testimony: In some circumstances, it may be necessary to use expert testimony to determine the severity of the plaintiff's injuries. An objective assessment of the plaintiff's injuries and how they have affected her life can be made by an expert witness, such as a physician or physical therapist. Visual evidence, including as images and films, can aid to demonstrate the severity of the plaintiff's injuries and how they have affected his or her capacity to carry out daily tasks. Eyewitness testimony: Eyewitness testimony can give important information about the plaintiff's injuries and how they have affected her life. Eyewitnesses who have observed the plaintiff's condition and the challenges they have encountered as a result of their injuries, such as acquaintances, family members, and coworkers, can testify in court. Diaries and journals: Documenting your symptoms and how your injuries have affected your daily life in a diary or journal might [...]

By |2023-03-15T04:50:20-04:00March 6th, 2023|Civil Litigation, Personal Injury|Comments Off on Strategies for Overcoming the “Subjective Injury” Defense in Personal Injury Cases
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Be Prepared for the HINTING DEFENSE: The One Deposition Question You’ll Always Get

Depositions are a significant component of the discovery process in a personal injury case. A witness is sworn in and questioned about the circumstances of the case while under oath during a deposition. The lawyer for the opposing party often conducts depositions, and the responses given can be used as evidence in court. The "hinting" question is one that you can almost always anticipate being asked during a deposition. Instead than requesting a certain response directly, this question is meant to imply it. In an effort to induce the witness to say anything that can be used against them in court, the defense frequently employs the suggestive question. For instance, the lawyer can inquire, "You felt fairly exhausted on the day of the accident, didn't you?" Even though the witness doesn't express it explicitly, this inquiry suggests that the witness was exhausted. It's crucial to be ready for the hinting question and know how to successfully answer to it. Here are some pointers for handling the hinting issue: Listen closely: Make sure you comprehend the query and the attorney's underlying argument. Don't assume anything: Even if you believe the idea in the question to be genuine, don't agree with it. Focus on the facts: Don't hypothesize or make educated guesses; simply respond to what you know to be true. Be precise: Avoid responding with a question; instead, make sure your response is precise and succinct. A skilled accident lawyer at Tucker Law representing you will have a great deal of expertise taking depositions and managing the suggestive question. As we work together to defend your rights and interests throughout the process and to get you ready for your deposition, we will be in close communication [...]

By |2023-03-15T04:50:10-04:00March 5th, 2023|Civil Litigation, Personal Injury|Comments Off on Be Prepared for the HINTING DEFENSE: The One Deposition Question You’ll Always Get
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The Dangers of Running Red Lights: Why it’s a Habit You Need to Break

Are running red lights as a habit dangerous? Obviously, yes! You don't need to be a car accident attorney to appreciate the dangers of running red lights.  Running a red light even once is dangerous. When that turns into a habit, it puts both the driver and other road users at risk. Unfortunately, running red lights habitually is all too common on our roads. According to a study by the National Highway Traffic Safety Administration, red-light running is a leading cause of urban crashes, resulting in hundreds of deaths and thousands of injuries each year. This behavior not only puts the driver at risk of accidents, it also endangers the lives of pedestrians, bicyclists, and other drivers on the road. In this post, we will discuss the dangers of running red lights and why it is a habit that needs to be broken. Red-light running is dangerous because it increases the risk of collisions. When a driver runs a red light, they are likely to collide with another vehicle, pedestrian, or bicyclist who has the right of way. The results of these collisions can be devastating, causing serious injuries or even death. In some countries, it is legal to turn right on a red light after stopping and checking for oncoming traffic. Running red lights also increases the risk of being involved in a hit-and-run accident. When a driver runs a red light, they may cause an accident, but instead of stopping to take responsibility, they may flee the scene. This leaves the victim without any help or support and makes it more difficult for law enforcement to find and prosecute the responsible party. Hit-and-run accidents are punished more severely than regular accidents because of the [...]

By |2023-03-15T04:45:38-04:00February 26th, 2023|Car Accident, Car Accident, Personal Injury|Comments Off on The Dangers of Running Red Lights: Why it’s a Habit You Need to Break
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15 Common Misconceptions About Personal Injury Cases

As a personal injury attorney, one of the most common things I hear from potential clients is a misunderstanding about what personal injury cases are and how they work. In this blog post, I'll be addressing some of the most common misconceptions about personal injury cases and explaining the truth behind them. Myth #1: Personal injury cases are all about money. While it's true that one of the main goals of a personal injury case is to compensate the victim for their losses, it's important to understand that the purpose of these cases is not just to line the pockets of the injured party. Personal injury cases are meant to hold negligent parties accountable for their actions and to prevent similar accidents from happening in the future. Myth #2: Personal injury cases are easy to win. Contrary to popular belief, personal injury cases are often complex and require a thorough understanding of the law. It's important to have an experienced personal injury attorney on your side to navigate the legal process and help you get the best possible outcome. Myth #3: Personal injury cases take a long time. While some personal injury cases can take years to resolve, others can be settled much more quickly. The length of a personal injury case depends on a variety of factors, such as the severity of the injury, the complexity of the case, and the willingness of the parties to come to an agreement. Myth #4: You don't need an attorney for a personal injury case. While it is possible to handle a personal injury case on your own, it's generally not a good idea. Insurance companies often have teams of lawyers working to minimize the amount they [...]

By |2023-01-09T04:54:37-05:00December 30th, 2022|Car Accident, Car Accident, Personal Injury, Personal Injury, Slip and Fall|Comments Off on 15 Common Misconceptions About Personal Injury Cases
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Determining Whether Patent Judges Must Be Appointed By The President

The Trump Administration filed a Petition for Writ of Certiorari.  The administration petitioned the Supreme Court as to […]

By |2023-01-09T04:54:40-05:00July 29th, 2020|Civil Litigation, Patents|Comments Off on Determining Whether Patent Judges Must Be Appointed By The President
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