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Category Archives: Personal Injury

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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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What Is A Fabre Defendant?

By Stephen M. Barbas |

Sometimes when suing people for negligence, the parties being sued like to point the finger. A store that’s blamed for poorly maintaining a floor, will blame the cleaning company. A driver that rear ends your car, will blame the car behind them. Pointing the finger tends to be a natural human reaction. But in… Read More »

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Tips To Being A Good Personal Injury Witness

By Stephen M. Barbas |

Most personal injuries cases settle before trial. That means it’s unlikely that you will ever be a witness in trial. In fact, if your case settles even before a lawsuit is filed, you won’t even have to have a deposition taken. Your Job Starts at Deposition But if a lawsuit is filed, your job… Read More »

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Unfairly Prejudicial Evidence In Personal Injury Trials

By Stephen M. Barbas |

In a personal injury trial, can you use whatever evidence you want that helps your case? It should be that way. After all, if it is relevant to the case, and is not frivolous, and is otherwise admissible (it’s not hearsay or excluded by some other evidentiary rule) why wouldn’t you be able to… Read More »

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The Judge And The Jury: Who Does What?

By Stephen M. Barbas |

In your personal injury case, you may hear your injury lawyer talk both about a judge and a jury. We’re taught that we have a right to a jury, and that a jury of our peers will make decisions about our case. Yet, in trial, there is still a judge, and as your case… Read More »

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Governor Vetoes Repeal Of PIP Laws

By Stephen M. Barbas |

Florida has once again failed to reform its personal injury protection (PIP) laws. This time, the legislature actually did pass a full repeal of the law, but the governor has vetoed that repeal, leaving PIP laws in place, at least for now. What is PIP? PIP is the insurance that every driver in Florida… Read More »

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Help! The Judge In My Case Doesn’t Like Me!

By Stephen M. Barbas |

Whenever things don’t go someone’s way during a personal injury trial, often, the victim or the Defendant is quick to say “the judge is biased!” Of course, that is rarely ever the case, but for a layperson who is unfamiliar with the legal system, it is an understandable reaction. That said, the law has… Read More »

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What Is An Open And Obvious Condition?

By Stephen M. Barbas |

Sometimes, dangerous conditions are hidden and hard to see, and they cause injury to us when we slip and fall on them. But other times, conditions that are dangerous, are more visible. In fact, they often can be plainly seen. Can you sue if you are injured after falling on something that is in… Read More »

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Internal Bleeding: Hidden, But Very Dangerous

By Stephen M. Barbas |

When you are injured and start to bleed, you see it. There is blood, and it gets everywhere…right? Well, not always. Sometimes, you can suffer from what is known as internal bleeding. Because the bleeding is inside, it certainly is not readily noticeable, which can make it all the more dangerous if it is… Read More »

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