The average person will never need to understand what the “burden of proof” is or which burden of proof applies to a personal injury accident trial. It is one of those expressions that many people have heard on television but never really had a reason to understand. If you have been the victim of a personal injury accident, however, it…
For anyone considering taking a personal injury accident case to trial, the idea of having to testify in front of the jury and a courtroom full of people and me intimidating to say the least. In fact, for some victims the idea of having to testify can prevent them from going forward with an otherwise excellent personal injury accident case.…
None of us plan to be the victim of a personal injury accident. Clearly we don’t leave the house planning for an accident. It stands to reason then that most people don’t give much thought to what to do after a personal injury accident has happened. Sadly, however, personal injury accidents do happen all the time and take numerous forms.…
There are an infinite number of factors that can affect the compensation that a plaintiff receives in a personal injury settlement or jury award. The extent and severity of the physical injuries received by the plaintiff are certainly some of the most important factors that both sides of the lawsuit will focus on during the negotiations or trial. Whether or…
Are Personal Injury Settlements Taxable? The brief answer to the question of "are personal injury settlements taxable?" is "it depends". In most cases, the IRS does not consider a settlement from a personal injury lawsuit to be income. Instead, the IRS considers the settlement to make up for income that was lost as a result of the accident. However, some…
Many personal injury accident cases are settled through negotiations between the plaintiff and defendant long before an actual lawsuit is even prepared. There are times, however, when a personal injury accident case simply cannot be resolved through negotiations and therefore a trial becomes inevitable. When a personal injury accident goes to trial, the outcome is in the hands of 12…
Personal injury accident cases come in many forms. Most people think of a car accident when they think of a personal injury accident but there are an infinite amount of other accidents that can be considered personal injury accidents as well. For example, a dog bite, a fall at a store or injuries suffered in the workplace cam all be…
A plaintiff in a personal injury accident case is certainly entitled to represent herself in her quest for compensation for her injuries. There is no law or rule that requires victims to hire counsel to represent them in a personal injury accident. For very minor accidents where the plaintiff received little or no injury, an attorney may truly not be…
At some point or another you have undoubtedly heard about an astronomically high jury award for a personal injury case. Maybe it was the McDonald’s hot coffee case where the jury initially awarded the plaintiff $160,000 in actual damages and $2.7 million in punitive damages (the award was later reduced and the parties eventually came to a secret settlement amount…
Many personal injury accident cases are settled by a mutual agreement long before they make it to a court room. Typically, the plaintiff (injured person) will submit a settlement demand to the defendant for what she feels is a fair settlement amount. The defendant will then either agree to the amount, make a counter offer or reject the demand altogether.…
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