What To Do After An Injury
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What To Do After An Injury

WHAT TO DO AFTER AN INJURY:  The days, weeks, months and even years after an injury can be an especially stressful time. You should not go it alone. Insurance companies have one primary goal which is to compensate you as little as possible, assuming they do not deny your claim altogether. There are certain steps you should take to…

Can North Carolina’s New Bifurcation Statute Actually Benefit Plaintiffs?
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Can North Carolina’s New Bifurcation Statute Actually Benefit Plaintiffs?

SHOULD PLAINTIFFS BIFURCATE LIABILITY AND DAMAGES IN NORTH CAROLINA? The General Assembly, in its infinite wisdom, inserted a provision in S.L. 2011-400 (SB 33) which will change our basic strategy in how we try civil cases.  Specifically, Section 2 of S.L. 2011-400 provides that any party may move for bifurcation on the issues of liability and…

Maximizing The Use Of Your Experts In Litigation (Part 4)
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Maximizing The Use Of Your Experts In Litigation (Part 4)

My last post discussed the effective use of experts at trial.  This post continues in the same vein, but with a focus on damage experts. Effective Use of Damages Experts Remember the goal set forth by David Ball – spend half your time on harm and half on money. Among other things, this means you…

Maximizing The Use Of Your Experts In Litigation (Part 3)
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Maximizing The Use Of Your Experts In Litigation (Part 3)

EFFECTIVE USE OF EXPERTS AT TRIAL One of the most important weapons of any trial lawyer is a reputation of willingness to bring appropriate cases to trial. Of course, a lawyer must develop a reputation for handling cases in the courtroom with skill and ability. Your effective use of expert witnesses at trial is a…

Maximizing The Use Of Your Experts In Litigation (Part 2)
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Maximizing The Use Of Your Experts In Litigation (Part 2)

MAXIMIZING THE VALUE OF YOUR EXPERTS DURING LITIGATION Now that you have determined you have a good case and have built a solid foundation through extensive pre-suit investigation including consultation with your expert(s), you are ready to file your case. For plaintiffs, to maximize the value of your case, make good use of written discovery…

Preparing Your Case For A Succesful Settlement Or Verdict (Part 6)
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Preparing Your Case For A Succesful Settlement Or Verdict (Part 6)

My last blog entry discussed various aspects of the settlement process.  If you can not arrive at a meaningful result for your client, you must head to trial.  This blog post discusses preparation for trial as well as the trial process itself. TRIAL One of the most important weapons of any trial lawyer is the reputation…

Preparing Your Case For A Successful Settlement Or Verdict (Part 5)
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Preparing Your Case For A Successful Settlement Or Verdict (Part 5)

My last blog post discussed the discovery process to get your case ready for mediation and trial.  This blog post discusses approaches to settlement discussions. Settlement Discussions North Carolina has employed mandatory mediation for several years with good success. Though we now have court-ordered mediation, you are still free to engage in settlement negotiations at…

Preparing Your Case For A Successful Settlement Or Verdict (Part 4)
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Preparing Your Case For A Successful Settlement Or Verdict (Part 4)

PRETRIAL PRACTICE Now that you have determined you have a good case and have built a solid foundation through extensive pre-suit investigation, you are ready to file your case. The pretrial stage is where you really add or lose value with respect to your case. For plaintiffs, to maximize the value of your case, make…

Preparing Your Case For A Successful Settlement Or Verdict (Part 3)
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Preparing Your Case For A Successful Settlement Or Verdict (Part 3)

My last post discussed your investigative responsibilities as a lawyer.  This blog entry talks about the use of experts to secure a meaningful settlement or verdict for your client. C.      Experts Depending on the size of your case, the area of law involved and the complexity of issues, you may want to retain one or…

Preparing Your Case For A Successful Settlement Or Verdict (Part 2)
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Preparing Your Case For A Successful Settlement Or Verdict (Part 2)

My last blog post on this theme discussed the importance of analyzing damages prior to taking on a case.  This blog post discusses a lawyer’s investigative responsibilities when determining whether to sign a client. B.      Your Investigative Responsibilities Attorneys have an obligation to investigate the case prior to filing pleadings.  For the plaintiff’s attorney, he…