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Inferences And Assumptions In A Personal Injury Case – What’s Allowable?

By Stephen M. Barbas |

When you are in a personal injury case can the jury make assumptions? That is, would a jury be allowed to infer something? Do you need hard, solid evidence to prove every aspect of your case? Sometimes, you don’t. Sometimes, the jury can make reasonable inferences in your case. Reasonable Assumptions Let’s assume that… Read More »

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Can A Judge Change Or Alter The Amount Of A Jury’s Award?

By Stephen M. Barbas |

Let’s say that you go to trial, and the jury enters an award for you. You aren’t happy with the award—maybe you think it’s too low (that is, not enough or sufficient compensation for your injuries). On the other hand, maybe the defendant thinks what the jury awarded was too much—that the verdict should… Read More »

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What Happens If The Defendant In Your Case Files For Bankruptcy?

By Stephen M. Barbas |

So you’ve looked at all the possible defenses that the defendant may assert against you and balanced the strengths and weaknesses of your case, and you are moving forward to the trial in your lawsuit. Maybe you even rejected a settlement offer, confident that your personal injury trial will yield a better result. And… Read More »

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Understanding PIP Setoffs In Your Car Accident Case

By Stephen M. Barbas |

When you are in a car accident, your personal injury protection (PIP) insurance will pay about $10,000 towards your lost wages or medical bills (the amount may vary, depending on which you apply these to, and whether you have a deductible or not). This is generally very helpful to people in car accidents, as… Read More »

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What Is A Legal Presumption?

By Stephen M. Barbas |

You hear it often in the law, and particularly in personal injury cases: In a given situation, there is a presumption of something. But what does that mean? What is a legal presumption? A Free Pass to Proof Normally, when you go into court, you have to prove your case. But you don’t just… Read More »

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What To Expect At Your Personal Injury Mediation

By Stephen M. Barbas |

When you file a personal injury case, but before your case actually gets to trial, you will almost certainly be told by the judge to go to mediation. This may seem scary to you—in fact, it may be the first time you’ve had to appear anywhere in your case, if you haven’t already had… Read More »

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Cars Are Getting Safer. But That Isn’t Helping Pedestrians

By Stephen M. Barbas |

Although there is a lot of talk about car accidents, there can be n denying that cars are safer, and accidents are down historically, simply because of new technology in our vehicles. The technology keeps us in lanes, alerts us to blind spot problems, cameras give us more insight on the road around us,… Read More »

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Injuries On Breaks: Do You Get Workers’ Compensation?

By Stephen M. Barbas |

Most people are aware that if you are injured on the job that you are entitled to workers’ compensation benefits to help you with your medical expenses and lost wages. But what does it mean to be “on the job?” Sometimes, that’s an easy question to answer. But other times, such as when people… Read More »

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Errors In Closing Argument Overturn Multimillion Dollar Injury Verdict

By Stephen M. Barbas |

In trials, closing arguments make most of the headlines, and get most of the attention in TV and movies. Closing arguments in trials are where attorneys make their living—it’s where the evidence and argument come together as one, to convince a jury to find the facts your client’s way. But there are also strict… Read More »

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What Is Qualified Immunity?

By Stephen M. Barbas |

Anytime there is a report of police brutality, there is always talk about eliminating what is known as qualified immunity. But what is qualified immunity, and how does it affect a personal injury case? A Simple Concept Although normally spoken about in relation to police actions, qualified immunity is a concept that applies to… Read More »

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