Georgia Personal Injury Attorney. Call Blair law now (770) 769-5099.
There are many factors that you and your attorney must consider before you decide to file the lawsuit for personal injuries.
There are many other factors we can advise you on which will assist you in making a decision.
Filing a lawsuit because of another person's negligence can be frustrating and overwhelming, but we're here to ease the mystery and fear of active litigation.
Filing is never easy for the client and in a perfect world we wouldn't have to, but the reality is, some of the cases we handle will have to be filed. We prepare each case as if it will be heard by a jury, but we always hope that the insurance company settle without putting our clients through the drawn out process of litigation.
Some tips that may be helpful to all clients, whether or not their injury case turns into a lawsuit.
1. Keep all receipts from your doctors visits or from your health insurance.
2. Stay off social media of any kind during your case.
3. Be prepared to remember everything and anything related to your injury and accident.
4. Understand that much of your past will be brought up.
5. Everything you tell your attorney is confidential, so please tell him or her everything so they are not caught off guard or without a defense/objection to the issue.
6. Stay calm as the process can be a long and arduous one.
3. Actual Cause / Cause in Fact
4. Proximate Cause
These are a few examples and not a complete list of tactics available that opposing counsel may use
Do not hide anything about your past that you think may come up. Tell your attorney about old injuries or past criminal activity so they can address it and get in front of it.
Anything the defendant can use to paint the plaintiff in a bad light should be told immediately to the jury in opening statements, such as previous injuries or past criminal matters. Only matters plaintiff feels could come into the trial that the judge allowed in needs to be told up front to the jury. If not, defense counsel will bring it up and it'll look like the plaintiff is hiding something.
Normal everyday pictures and events are nothing to be worried about in a trial regarding injuries, however, if you are taking pictures from a gym and it shows you lifting weights when you're in litigation, it may come out to a jury. Hard to prove pain and suffering when you are not in pain or suffering.
Nothing will torpedo a case quicker than a hot tempered, angry plaintiff or a plaintiff that has done zero prep for their case. Plaintiff attorneys know you may be angry, we sympathize and empathize with our clients. However, a plaintiff that is angry or loses their temper during a deposition may play into opposing counsel's hand at trial. Like pouring salt on a wound, opposing counsel will showcase plaintiff's anger by pushing them in court to see if they'll explode for the jury. Additionally, not taking the time to prepare yourself for a deposition always ends poorly for the plaintiff as they are unaware and not ready for the questions opposing counsel may or will ask.
If you want to stand a chance in a jury trial, you must prepare. This means, taking the time to answer discovery correctly and properly with your attorney. As well as, taking time to prepare for your depositions with your attorney. Most importantly, preparing for trial by going over direct examination questions and answers as well as potential cross examination questions.
Telling your attorney information that could possibly come out during your case will allow them to get out in front of the issue. If you put all the cards on the table and admit to all your shortcomings to a jury upfront, then you take away the defense tactic of hiding information from the jury.
If the client does not want to litigate, is fearful or too nervous to speak at a deposition or trial and wants to end the process, let your attorney know immediately. They might be able to settle the case without getting too deep into litigation if there is an offer on the table.
Most litigation or trial attorneys are used to the litigation process, our clients are not. Those clients that suffer from anxiety or panic attacks in this situation may complicate or hurt their case, so it's a good idea to make sure you tell your attorney up front and early that you do not want to take the case all the way.
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