Many Buffalo personal injury lawsuits are settled without ever having to go to trial. While such cases are often settled through negotiations with the opposing party, it is possible for a court to rule that there is no defense to the case. This requires the injured party to submit a motion for summary judgment to […]
Buffalo personal injury lawsuits, like most legal matters, tend to revolve around documents (for example, medical records) and testimony of witnesses (for example, eye witnesses and treatment providers). One method personal injury attorneys use to obtain needed documentation or the testimony of a particular witness is a subpoena, which is a legal order requiring an […]
When a Buffalo personal injury victim is rendered unable to work, they are often placed in a peculiar situation. On the one hand, if they return to work before they are ready, it may appear that they are healed. On the other hand, if they do not return to work, it may appear that they are […]
Buffalo personal injury lawsuits often revolve around proof that the plaintiff actually suffered an injury. This is particularly true in automobile accidents, where the law requires not just proof of injury, but proof of a serious injury as that term is defined under New York State law. Generally, establishing such an injury requires objective medical […]
Buffalo personal injury attorneys and their defense counterparts employ expert witnesses for a variety of purposes. Such experts include medical specialists, individuals trained in reconstructing accidents, and financial experts who can assist in determining future costs to the injured party. When a party intends to call an expert, the Civil Practice Law and Rules of […]
For the jury to reach a decision in a Buffalo personal injury lawsuit, they will obviously need accurate medical information regarding the injury. While both the defense and the plaintiff in a personal injury lawsuit will usually present at least one medical treatment provider to explain their position regarding the injuries, the injured person has […]
Generally, all relevant evidence is admissible in Buffalo personal injury lawsuits. In the case of physical evidence such as photographs, all that need be shown is that the document is authentic and is an accurate demonstration of what it purports to show. Courts do not, however, have to admit all relevant evidence. In the case […]
Subpoenas are commonly used in Buffalo personal injury lawsuits. A subpoena duces tecum is a particular type of subpoena. The phrase is Latin, and roughly translates as “bring it with you under penalty.” The purpose of a subpoena duces tecum is to obtain documents that may be admissible as evidence and are under the control […]
It is not unusual for Buffalo personal injury attorneys to hire private investigators or other specialists to investigate the circumstances surrounding an injury. Whether the written materials prepared by that investigator must be disclosed to the other party depends on their purpose when prepared and the specific circumstances of a given case. Civil Practice Law […]
There are a variety of tactics that Buffalo personal injury attorneys may employ when preparing a lawsuit for trial. For particularly large or complex cases, this may include presenting the facts of the case to mock jury for their consideration. Typically, conducting such a mock trial involves hiring people to act as jurors and hear the […]