Around nine years ago, I was assigned a case on the eve of trial by a senior attorney in a prior personal injury firm. The attorney didn’t want to try the case because “it was a loser”. I understood her position as there was literally no property damage whatsoever to either car. Not even

More and more personal injury cases end up in litigation as the offers from insurance companies has decreased. As a result, many clients may have their deposition taken. This can be nerve-racking for many. It is usually not that bad if you follow one main rule- don’t guess or exaggerate. It sounds simple, and

Don’t tell any of my fellow plaintiff attorneys, but over the years I have thought that some caps on damages would be a good idea.  Insurance companies and businesses have to plan for risk.  It is hard to plan when you could get hit for a very large verdict.  So, I thought,

You will need to set up a property damage claim with the defendant’s insurance company. You will find that information on the insurance exchange slip and the accident report. They will then estimate the value of your vehicle. You should do the same. Go to www.kbb.com and put in the information about mileage, overall condition, etc.

Over the years, cases about hot coffee and bad dry cleaning have created somewhat of a jury bias against injury lawyers and plaintiffs. However, the fact remains that if a person is in a serious wreck, they will need an attorney who can try cases.  Complex cases must be worked up over time,

North Carolina is one of the few states in the nation that still has contributory negligence.  Contributory negligence means that if you contribute to your injuries at all, you can’t recover.  Insurance companies have taken this idea and ran with it.  They will now actually try to blame you if you are

Get you talking– Depositions are not usually the confrontational events that you see on TV. Most good defense attorneys instead try the “get you talking” approach. If they can get you talking without really thinking, they may get you to overstate your case or miss key facts. They can then later cross-examine

Something that is obvious and well-known to trial lawyers is that many cases don’t just depend on the facts of the case, the cases also depend on where they are filed.  In North Carolina, personal injury cases are usually filed where the plaintiff lives.  Some counties view jury trials differently.  For example, in larger

The law of North Carolina and most states allow recovery for pain and suffering.  However, there is no other area of damages that has a tendency to cause reluctance or rejection by juries.  Pain is not an actual loss like medical bills or lost wages.  There is nothing the jury can put their finger

“Insurance” is not admissible in trials in North Carolina.  No witness can mention insurance, coverage, claims or anything associated with insurance.  The case will be you versus the defendant.  So, the jury will never even be told that there is any insurance at all.  Some jurors then are afraid to render a