Articles Posted in Litigation Process

I have a case coming to trial in two weeks.  There is a pretrial conference scheduled.  What is that?  Do I need to attend?

Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

You need to ask your lawyer whether you should attend the pretrial conference.  

I saw a truck – car wreck a year ago.  Now I have been subpoenaed to give a deposition.  Do I have to give a deposition?  I don’t really want to be involved.

 Subpoenas are legal papers issued by a court requiring the appearance or production of a person or thing at a deposition or hearing. A subpoena may be served on a person and require the appearance of that person to give a deposition or appear in open court on a specific date and time. Subpoenas may also be served on a person or business and require that documents or things be produced for inspection and copying on a specific date and time.

You have a duty to obey the subpoena.  If the date or time is particularly inconvenient call the lawyer that had the subpoena served on you and explain your problem.  Most lawyers are very willing to cooperate with scheduling problems of witnesses.

I am in a car  wreck lawsuit.  I received injuries to my back.   Now, the defendant wants to have me evaluated by a doctor that the defendant’s insurance company is going to hire.  Can they do that?

Probably.  If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.  

This type of examination is known as a defense medical examination or a Rule 35 medical examination.  (Rule 35 is the rule of court procedures that governs medical examinations.)

I was hurt in a personal injury case about six years ago.  As part of the settlement I received an annuity that pays me $3000 per month for the rest of my life (I am 35) or at least for another 25 years..   I have found myself in some financial trouble and I need some money now.   There are companies that advertise on television that indicate that they will buy my annuity and give me case now.  Should I do that?

You almost certainly should not do that and, before you do, you should seek the advice of a financial counselor who can guide you through your decision-making process. 

I have no respect for the companies that purchase structured settlements.  The price paid for them is ridiculously low – often 40 cents on the dollar or even less.    Your structured settlement will pay you a guaranteed $900,000 in the next 25 years – tax fee – and if you live a normal life expectancy you will receive another $500,000 or even more.    You should not throw that away for pennies on the dollar.