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Products liability law involves injuries resulting from defective products. These are often among the most serious injuries. Products liability cases arise when injuries occur because of a defectively designed, manufactured, repaired, or maintained product. For example, if a company designs automobile airbags which don’t inflate properly upon impact, the laws of products liability apply to the injury lawsuits that are filed.

The products liability law in your state may have the concept of strict liability. Strict liability involves the assessment of liability on the basis of the defect itself. The law permits liability to be assessed against the defendant on proof that the product was defective.

If you are injured by a defective product, hold on to the product for dear life. You must have access to the product to have the best chance for success in the lawsuit. If you do not have access to the product, contact a lawyer immediately. Your lawyer can assure that the product is not destroyed. If the product is lost or destroyed, neither your experts nor the company’s experts are able to examine the product for defects. It is your burden to prove that the product was defective. So if the product cannot be examined, you may not be able to prove your case. Products liability cases are very expensive to pursue. Expert engineers must testify concerning the defect in the product. The big corporations involved with the design, manufacture, etc., of the product have cadres of lawyers and big budgets. They hope to “paper to death” the opposition with legal motions, petitions, etc. Your attorney must have the know-how and resources to do battle with the big boys. Many P.I. attorneys refer out the products cases that come to them if products liability is not their specialty. Others take every case that walks in the door, intending to learn each new field as it come up.

Because of the expense and time involved in the products liability war, the injuries must be serious for the case to be viable. As with medical malpractice cases, unless the case is worth $75,000 or more it will be hard to find a reputable attorney who will take it.

For more information about Evan Aidman, a Montgomery County. PA Personal Injury Lawyer and his work with clients with serious injuries click here: Montgomery County, PA Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Montgomery County Attorney

Automobile accidents and fall down cases are the most common types of lawsuit for personal injuries. The legal principles involved with these two types of cases differ greatly. I examine here the hurdles that must be overcome in order to receive fair compensation for injuries suffered as the result of a fall.

Generally, the most difficult problem involves the question of notice. The injured victim must prove that the defendant either created the hazard which caused the injury, or that the defendant knew or should have known of the hazard long enough before the accident to have removed or repaired it.

For example, when a pedestrian trips on a crack in a sidewalk, the P. I. attorney hopes to find someone who lives in the area of the accident who knows that the crack existed for a long time. Or photos may show that the crack was not of recent origin. It is then easy to show that the property owner should have known of it and should have had the crack repaired. The city where the accident happened may also have liability in sidewalk cases for failure to enforce the municipal requirements that sidewalks be kept in good repair. This is particularly important when the property owner carries no insurance on the property. In this situation, the government may be the only defendant against whom a money judgment can be collected. The city becomes the “deep pocket” or “target” defendant.

The next issue that almost always comes up in these cases is the victim’s own failure to be careful. This is called “comparative negligence.” (See Chapter 9 of the complete book for a discussion of comparative negligence.) Defendants argue that the claimant should have seen the hazard and avoided it. While this argument often reduces the total amount of compensation received, it usually does not defeat the claim outright. There may be valid reasons why the hazard was not seen. For example, when a customer in a grocery store slips on grapes, the customer’s attention may have been drawn by a catchy advertisement or display put up by the store. This is a reasonable explanation which, if believed, should enable you to receive full compensation.

A thorough and prompt investigation can make all the difference in the outcome of fall down cases. Witness statements must be obtained and photographs of the hazard must be taken. Even short delays can hurt the case since memories fade rapidly and hazards get repaired quickly when injuries occur.

For more information about Evan Aidman, a Delaware County, PA Personal Injury Lawyer and his work with clients with serious injuries click here: Delaware County, PA Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Delaware County Attorney

It is vital that you completely understand each question before attempting to give an answer. It is not possible to give a truthful and accurate answer to a misunderstood question. The defense attorney will repeat or rephrase the question if requested to do so.

It is important to speak loud enough so that all in the deposition room can hear the testimony. You should keep your hands away from your mouth. To some attorneys a hand in front of the mouth implies that you have something to hide. Questions cannot be answered with a nod of the head or an “uh huh” or an “uh uh.” You must say “yes” or “no” so that the stenographer can record the response.

You should not exaggerate your injuries or losses but, you should not hesitate to explain fully all of the injuries and damages caused by the accident. Watch out especially for questions such as, “Did you suffer any other injuries?” A negative answer at the deposition can limit you at the time of trial. You must think long and hard before committing yourself to such an answer. If you cannot think of any other injuries or complaints, it is fair to tell the other attorney, “That’s all I can think of right now.” This keeps your options open in case you’ve simply forgotten about an important part of your claim. It’s easy to forget during the pressure of a deposition, especially if the other attorney is utilizing a combative style in his questioning.

You should not try to memorize the accident, injuries, and treatment. Justice requires only that you tell your story to the best of your ability. A memorized recitation of the events appears contrived and manufactured. Some degree of spontaneity adds settlement value to the case.

Since you are trying to make a favorable impression upon the defense attorney, it is important to dress neatly and to treat all persons in the deposition room with courtesy and respect. There is nothing to gain by arguing with or insulting the defense attorney. After the deposition this attorney will report his or her impressions of you to the insurance company. If this attorney thinks that your attitude will rub the jurors the wrong way, the insurance company will be inclined to make a relatively low settlement offer.

The most import aspect of the discovery deposition is you and the appearance you make. If you give the appearance of fairness, honesty, and earnestness, and if you keep in mind these suggestions, you will have taken a great stride toward the successful settlement of the litigation.

For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Pennsylvania Personal Injury Attorneys

It is also vital not to guess during a deposition. Frequently the other lawyer asks questions to which the witness simply does not have the answer. It is important to remember that a deposition is not a multiple choice test. You do not score points by occasionally guessing correctly. Stick to the facts and testify only to that which you personally know.

Every trial lawyer has seen his or her client’s case reduced in value by an incorrect guess. “I don’t know” is a fair answer if it is true. The time spent preparing for the depositions will ensure that the witness does not have to rely on this answer too often. “I don’t remember” is also fair if you truly don’t remember. Sometimes depositions are taken years after the accident. It can be nearly impossible to recall the minute details attorneys routinely seek during a deposition. Again, preparation will minimize the need to rely on this answer. It’s far better to admit that you don’t know the answer to a question, or that you don’t recall the answer, than to venture a guess.

Another key to a successful deposition is to know when to stop answering. Often the defense lawyer uses the deposition as a “fishing expedition” in which he hopes to hook absolutely anything of use to the defense case. That is why many questions that seem completely irrelevant to the accident are asked. Believe it or not, this is generally permitted by the courts.

Since the other lawyer is attempting to pick your mind, you must not make his or her job easier by responding to each question with a long, drawn out answer. If a question can fairly be answered with a “yes” or a “no,” by all means do that and say no more until the next question is asked. Your lawyer may even tap you on the shoulder or use a prearranged signal if your answers are getting too detailed. This signal lets you know to keep your answers brief. If you give the other lawyer enough ammunition, you increase the likelihood that eventually he will find something to use against you. That is why brief answers are usually best.

For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Pennsylvania Personal Injury Attorneys

The discovery deposition is one of the most important stages in the litigation of a personal injury lawsuit. It is during the discovery deposition that the insurance company’s lawyer gets the opportunity to question the accident victim in person about the accident and the injuries suffered. Similarly, at the defendant’s deposition, your lawyer is able to discover much about the insurance company’s version of the accident. See Form 11 of Winning Your Personal Injury Claim for a sample list of deposition questions. Success on deposition day vastly improves the chance of a prompt and fair settlement.

Discovery depositions give the attorneys the chance to pick the mind of the individual that is being deposed. Depositions are usually held in the office of one of the lawyers. The testimony is taken under oath and is recorded by a stenographer. Thus, extreme care must be taken to accurately describe the accident and resulting injuries. By confronting an individual at trial with clearly erroneous deposition testimony, an attorney can devastate that individual’s credibility in the eyes of the judge, jury or arbitration panel. That is why thorough preparation prior to deposition day is a necessity.

Perhaps the most important advice your lawyer can give you during preparation for the deposition is to tell the truth. Even the craftiest lawyer has trouble tripping up an individual who speaks the truth and sticks to it. Clients sometimes think they can outsmart the other lawyer by bending the truth in their favor. More often than not, the other lawyer can figure out when this is happening and can expose the lie. An otherwise meritorious case can be lost by a small lie. Juries, judges, and arbitration panels have no sympathy for liars, even injured ones.

For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Pennsylvania Personal Injury Attorneys

Over the past few years the connotations of the word “compensation” have changed dramatically. Traditionally, compensation was a positive concept used to recover the economic and real costs following an accident, but recently the word has gradually gained recognition of the wrong kind.

A strong lobby from interested parties puts forward the view that people make claims because they can and not because they need to. Although there will always be people who try to take advantage of the system, thinking that this is the majority could not be further from the truth.

Personal Injury Claims Help Victims Get Fair Treatment
Convincing the public that compensation claims are getting out of hand may have the effect of dissuading potential clients from making a claim which could dramatically help their circumstances. This can only help liability insurers looking to reduce costs and increase profit.

A classic example is that claims made against the Health Service in regards to clinical negligence reduces the amount of money available to treat patients. The alternative view is of course that instances of clinical negligence are rising and as a result people are suffering. People can only make a successful claim if they have a legal right to do so.

Another common view is that the “no win no fee” policy has sparked a nation of compensation-mad citizens. The truth is that many people suffer greatly as a result of an accident, not just physically but financially, and the legal system exists to help them.

Consider the Following Real Life Compensation Scenarios
One unfortunate man suffered horrific injuries as a result of a shot-gun accident. He nearly lost his leg and suffered not only physically but financially as well since he was unable to work for nearly twelve months. He had no idea that he was entitled to compensation until he saw an advertisement on television. Because this man picked up the phone and enquired about his legal rights, he consequently received over £35,000 in damages, which covered his loss of earnings and ensured that the medical treatment he required was comfortably paid for. In many ways this man was extremely lucky because he made a full recovery, whereas other claimants are not so fortunate.

A less fortunate man was a victim of a drunk driver, who collided head on into his car leaving him severely paralysed from the waist down. Although he still had some movement from the waist upwards, he will never walk again. Consequently he required substantial medical treatment, and since he can never return to work, he faced a dramatic loss of future earnings. This man was unsure of his legal rights and almost refrained from contacting a compensation specialist. Luckily he did so, and as a result received almost £600,000 damages, ensuring he had financial stability for the rest of his life.

Get the Real Facts on Personal Injury Compensation
These two cases are just a fraction of the incredible results Personal Injury Claim Solicitors achieve but even smaller sums can be vital to somebody who has been away from work as a result of an accident. People who believe the view that the “Compensation culture” is a result of the “No Win No Fee” policy are unaware of the real facts. It is not easier to win a case brought under the no win no fee system and it must be noted that people do not receive compensation unless they have a worthy case.

Of course, there are timewasters who attempt to play the system, usually without success, but while the newspapers thrive in publishing stories about people who sue others for trivial reasons, they cunningly avoid mentioning that almost all of these cases fail. Less newsworthy appears to be the thousands of cases where innocent victims receive help following a life changing accident.

Helen Fisher is Head of Frearsons Accident Department. She qualified as a solicitor from University in 1988 formally becoming a Litigation solicitor in 1990 and joining Frearsons in 1995 where she has been a valued member of the team ever since.

Helen largely contributed to the growth and success of the Accident Department, and as a result became a partner in the firm in 2000. Since then she has devoted her time to the Accident Department and has produced a dedicated team of Personal Injury solicitors including five qualified fee earners who together conquer approximately 100 cases per month.

Helen’s skills as a Personal Injury Solicitor have enabled Frearsons Accident Department to acquire a reputation as one of the leading departments in Lincolnshire.

I was recently contacted by an individual who had managed to obtain an offer of $50,000 to settle her son’s case. This person wanted to know if it was safe to take the money without retaining a lawyer. He was afraid that if a lawyer was brought into the case that the lawyer might settle the case for $55,000 and take one third of the proceeds. My advice was to meet with several lawyers in order to work out the best possible arrangement. I told the client to insist that the first $50,000 was for her son and that the lawyer’s fee would come out of any amount he could negotiate above and beyond that amount.

This is a creative solution to a seemingly difficult problem. You need to think your situation through carefully so that you can come up with these kinds of solutions. There are plenty of unscrupulous lawyers who will steal you blind if you don’t act with care. These kinds of creative solutions will win you the respect of the lawyer you finally retain.

It is an illusion to think that an insurance company will offer an unrepresented person the same kind of settlement money they would offer a person represented by a capable personal injury lawyer. There is virtually no way for you to know the value of a personal injury case. These values are based upon years of jury verdicts and insurance settlements. Only an experienced personal injury attorney can accurately assess the maximum amount an insurance company is likely to pay for a particular injury.

The company knows very well that it possesses superior knowledge and bargaining power. It will not hesitate to use this knowledge and power to its advantage and your disadvantage. Insurance companies pay only what they feel they will be compelled to pay by a jury. A strong personal injury lawyer on your side acts like a hammer over the head of the insurance company. The company pays far more when it fears the outcome that an experienced personal injury attorney can secure for the client. Insurance companies do not fear unrepresented individuals because of the individual’s lack of knowledge about how to inflict pain upon the company if it does not settle the case. It’s like fighting a war without modern weapons. The other side is not likely to listen seriously to your terms of surrender if you have no ability to effectively wage the battle.

The insurance company will also know that even if the facts and justice are on your side, your unfamiliarity with the legal procedures involved may allow the company to beat your claim on a legal technicality. Although the courts generally relax the rules of procedure for unrepresented parties, you can’t count on this. The rules are made by lawyers for use by lawyers. It is extremely hard to dot all the i’s and cross all the t’s in just the right way when it comes to a personal injury lawsuit. Again, my advice is to retain an honest, energetic personal injury specialist at the first possible opportunity.

Cases involving property damage alone can be settled fairly without the assistance of an attorney. It may be better here to handle the case yourself and spare yourself the expense of an attorney. There are books available which set forth the value of cars. These accepted values establish guidelines which the insurance company should follow. There are no such clear cut guidelines concerning the “value” of pain and suffering in a serious injury case. That’s why you need a lawyer.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: Philadelphia, PA Injury Attorney

Can You Handle Your Case Without a Lawyer?

There are certain types of cases which should not be settled without using the services of an attorney, and others which you may be able to handle yourself. The advantage of using an attorney is that he or she is experienced at obtaining a full settlement from an insurance company or defendant, and should know how much your claim is worth. The disadvantage is that the attorney’s fee can be as much as half of your award after costs and other fees are added.

Simple cases, where the injury is minor and the fault clear, can often be settled quickly with the insurance company without hiring an attorney. Even if the company balks at paying, you can often get a good settlement by filing a small claims case, since the insurance company’s expense of going to court is often higher than the cost of settling. Complicated cases, such as with serious medical malpractice or an accident causing death, should be handled by an attorney who can analyze the value of the case and let the other side know that you are serious about your claim.

As a personal injury attorney I have seen people who have made the mistake of settling their case without adequate legal advice. It is my firm belief that almost all personal injury litigants should seek counsel. But the purpose of this and my other articles is to give you the information you need to handle your case with or without a lawyer.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

While driving to an appointment, one of your employees remembers he needs to contact a co-worker regarding a meeting. He dials the number on his cell phone, and briefly takes his eyes off the road. In that instant, a vehicle in front of him shifts lanes, and he strikes it, seriously injuring a 78-year-old woman. Under exactly this scenario, a jury awarded a $21 million judgment against Dykes Industries of Little Rock, Arkansas.

Can you buy enough insurance to cover an unexpected business liability? NO. Insurance covers only a first legal defense and insurance only covers actual damages. Insurance does NOT cover punitive damages.

STATISTICS ON AUTO ACCIDENTS AND PERSONAL INJURY LAWYERS

More than 42,000 deaths occurred in motor vehicle accidents in 2001. Could one of these have been committed by one of your employees while on company business?

There’s an army of personal injury lawyers on the Internet ready to be of service on a contingent fee basis, and more are getting educated in colleges and universities. Give it a shot, use google and type in “injury lawyer” and here’s the “Results 1 - 10 of about 1,120,000 for “injury lawyer”.

Why is being a personal injury lawyer a successful business? Because, one personal injury lawyer teaches other personal injury lawyers valuable information - they hold classes on how to pressurize and optimize more out of a given opportunity. Yes, it sounds like lawsuit abuse, but don’t blame them – it is a business.

The courts make it easy to litigate. They have learned that if they can tie you up in court for a number of years, it’s easier to settle than to fight. And if they can get sympathy out of a jury it translates to bigger fees. Whether you win or lose – you lose; at $350 per hour – it is expensive to get involved in a court battle even if you are right.

If you are a small business owner, the negligent action of one employee can cause you to lose more than just your business. You could become personally liable for assets not related to your business. This is where the personal injury lawyer gets “personal” with your personal assets!

HOW TO PREVENT PERSONAL INJURY LAWYERS FROM STEALING YOUR PERSONAL ASSETS

How do you prevent these injurious lawyers from “stealing” your personal assets and keep them at bay? The key is how you own your business. If you own corporate stock or sub “S” stock, chances are that most these lawyers have figured out how to pierce the corporate veil on their way to your personal assets.

If you get a high or if you’re an adrenaline junkie and like to take chances you would not appreciate asset protection. You would think that it’s for the wealthy who have something to hide. Or alternatively if you think that you’re covered by insurance, you have not been sued by a creditor and his very clever personal lawyer…yet. You are an easy target and if they deem it’s worth the small fee to file a suit and a bit of their time then trust me they’ll come after you - maybe not today but very soon.

HOW TO PROTECT YOUR ASSETS FROM CONTINGENT FEE ATTORNEYS

What’s asset protection? In my definition asset protection is protecting everything you have or control against pickpocket experts (i.e. personal injury lawyers or any other contingent fee attorneys) who have perfected their profession on easy targets, like you.

Each of your assets should have a financial goal. What’s your financial goal for your personal residence, your vacation spot, your CD’s, your IRA, your investment accounts, and your other valuable assets?

With your personal residence, the bank is protected by virtue of a mortgage subject to the real estate. It’s your personal equity in your home that is wide open for a lawsuit. Do you have minor children learning to drive your car? Did you know that you assume full responsibility for their negligence? Do you own your home in your name jointly with your spouse? Did you know that if either one of you gets sued … you can lose more than just your house?

Another financial goal for your house is the tax deductions available for tax purposes on your form 1040. Tax law allows deduction for mortgage interest and real estate tax deduction. So there are two financial goals for your personal residence: protection from potential creditors and their counterpart injurious, villainous attorneys, and tax deductions for your interest on mortgage and real estate tax deductions.

USE THE LAW TO PROTECT YOUR ASSETS FROM PERSONAL INJURY LAWYERS

Use “law” not secrecy. Under tax law, there’s an exception under Internal Revenue Code sections (IRC) §671-§678 that allows the original owners of the personal residence to deduct mortgage on interest and tax deductions of real estate taxes paid on your form 1040.

Under civil law if your house is owned by an independent trust with an independent trustee, you will have repositioned (transferred) you home from you and your spouse to an irrevocable trust whereby you no longer own the house.

Use “law” not secrecy to reposition your automobiles, your corporate stock, your sub “S” stock, your vacation spot, your business assets, your commercial real estate investments, your CD’s, your IRA’s, your financial investments, and so on. Each of your assets needs to have a financial asset and protection goal.

Ask yourself whom you need protection from and for what purpose do you need this protection? Then select all appropriate legal entities created by “law” such as Limited Liability Companies, “C” Corporation, “S” corporation, Limited Partnerships, Family LLCs, Family LLPs, Revocable Trusts, Irrevocable Trusts, Grantor-Type Trusts, Non Grantor Trusts, International Business Companies, International LLCs, Foreign Asset Protection Trusts, Delaware Trusts, Alaska Trusts, etc. For each asset, you should determine what is your financial goal? And then what’s the appropriate legal entity to achieve those objectives?

Beginning the thought processes to implement basic measures to thwart the evildoers of creditors and all contingent fee attorneys including our very personal injury attorneys is the first step. It always starts off with just a thought, doesn’t it? Plant that seed and then act upon it. You’ll begin to find more restful sleep and know that you’ll be making our miserable, personal attorneys find new strange bedfellows to lie with.

author bio - Rocco Beatrice, CPA, MST, MBA
award-winning estate planning & trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
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Ultra Trust: Asset Protection Irrevocable Trust
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