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Personal Injury Trial Tactics

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To make or break a personal injury case in the courtroom, personal injury law firms use specific techniques to try to convince a jury or judge of their side. While you should ask your lawyer what techniques he or she specifically plans to employ, it’s also useful to have an idea on some of the techniques your lawyer will use and specifically what they entail. This guide will talk about two specific techniques used in personal injury litigation: the expert witness and event proof.

Technique 1: The Expert Witness

Expert witnesses can testify to a variety of things depending on their field of expertise. For instance, if you had surgery because of your accident, your lawyers may use a doctor as an expert witness who will testify to the necessity of your surgery. On the other hand, the defense may use a doctor as an expert witness (even one who has never met you) to testify that the surgery you did was not really necessary for the procedure and was based on pre-existing conditions thus exempting the defense from liability. Other expert witnesses may be engineers testifying on the mechanics of a car or similar things. Whatever the case, these expert witnesses can be a huge part in determining whether you win the case or not.

Technique 2: Event Proof

Event proof can come in many forms, but photos and videos are often the most convincing. Your lawyers will present your evidence of the event to prove that the defense is liable for your injuries. While photographs of injuries are also useful (and absolutely should be taken as soon as possible), liability will be proven best with evidence from the time of the incident. If you’re unable to obtain any photographs or video proof, at the very least get contact details of any witnesses to the incident and have your lawyer contact them as soon.

Knowing these tactics, it’s best to prepare yourself for the defense to use them. This means getting as much proof of the event as possible as well as getting your doctor’s contact information and having your lawyers talk with him about any procedures that were performed.

By: Howard Raphaelson

Howard A. Raphaelson founded Raphaelson & Levine Law Firm, P.C. in 1992 after graduating from the Benjamin N. Cardozo School of Law. Established in New York, NY, his personal injury law firm has obtained numerous million-dollar verdicts. With over twenty-five years of experience as a personal injury attorney, he has earned a trusted reputation from his peers, judges, and top leaders, including recognition among the top 5% injury attorneys as a “Super Lawyer” (Thomson Reuters) and “New York’s Best Lawyers” (New York Magazine). View all posts by Howard Raphaelson


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