Articles Posted in Litigation Process

I hurt my back at work.  I told my boss about it and he told me to go to the doctor.  The doctor said I needed to take off work for at least one week.  When I told my boss that he got angry and fired me.  What are my rights?

First, you still have a right to worker’s compensation benefits (assuming your employer has five or more employees and thus is covered by the worker’s compensation program.)

Second, you may have a claim for retaliatory discharge.  An employer cannot fire you for seeking or obtaining the benefits you are entitled to receive under the worker’s compensation law.

We just reached a settlement of my truck wreck case.  Medicare is going to get a check for over $20,000?  My lawyer says we have to pay Medicare  this money because Medicare paid most of my medical bills.  Is that right?

Yes.   Medicare has a legal right to be re-paid from the money you receive.   Medicare reduces the amount of money it is owed by a pro rata share of the attorneys fees and expenses incurred in obtaining the settlement.  Under extraordinary circumstances Medicare will reduce the amount it is owed by an even greater amount..

I am in the process of trying to hire a personal injury lawyer.  In doing my research I find that some lawyers describe various cases on their website but state that the amounts of the settlements are confidential.  Why do they do that?

Because an agreement has been made with the insurance company that paid the money that the amount of the settlement is confidential.  In my experience, defendants and insurance companies who settle a case for significant money often demand that the settlement be kept confidential – they simply don’t want anyone to know how much they paid.   

A lawyer whose client has a confidential settlement is duty-bound not to disclose the amount of the settlement to anyone.  Thus, the lawyer will who wants potential clients to know what type of experience he or she has will do a brief summary of the case and simply state that the amount of the settlement was confidential.  

I have a personal injury trial is three weeks.  My lawyer says she has to go to a "pretrial conference" next week.  What is that?  Do I need to be there?

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.  It is rare that clients attend a pretrial conference, but that is question that you need to address with your lawyer.

My car wreck case has not been settled and now my lawyer says we have to take depositions.  What are depositions and what do they cost? 

 A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful.   The deposition is taken by a lawyer asking questions of the deponent.   Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff.   Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

The deposition is recorded and transcribed by a court reporter.  The cost of a deposition depends on whether you are buying the "original" or a "copy."   The person who takes the deposition buys the "original" and other parties each buy a "copy."