Trial Tips

Jury Selection in Pedestrian Cases

My last two trials in March involved pedestrians in auto collisions. One in Queens settled for $300,000 with another million in coverage left on the table. That case involved serious injures with the plaintiff suffering comminuted fractures of the left tibia and fibula which required open reduction and internal fixation; a further surgery for removal of the hardware a year …

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Anatomy & Physiology Knowledge Can Win Your Case

What sets successful lawyers apart from their peers? Is it their style, their intuition, knowledge, experience, “moxy”? Why do some lawyers rise to the top? What makes Bob Sullivan, David Dean, Ben Rubinowitz so effective in the courtroom? If your answer is they take great cases, that may be true now, but what about when they were starting out? They …

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Find Out if the Plaintiff or an Important Witness Has Been Convicted of a Crime

A search to determine whether the plaintiff or an important witness against you has a criminal conviction is well worth the effort. Today, a Statewide criminal search can be performed in a matter of minutes at a low cost. Bookmark the case law below if you want to use the conviction at trial. And, always obtain certified copies of the …

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The Art of the “Subtle Approach” to Discredit an Expert

Last month we highlighted the Appellate Division, Second Department decision in Halsey v. New York City Transit Authority 114 A.D.3d 726 N.Y.A.D. (2nd Dept.,2014) where the Court upheld a $3 million award to the 27 year old plaintiff who claimed a lower back injury and underwent spinal fusion surgery. This month’s trial found us in Nassau County before Judge Mahon …

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Developing a Theme for Trial

Like a good movie, every case has a theme, a plot and a dramatic ending. Just like any director, the successful trial lawyer has to see the entire case in his or her mind before the jury walks into the room for that first day of jury selection. Where do you see this case going? Once the trial starts, you …

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What would you settle this case for in the Bronx with $1.3 M in coverage?

What would you offer to settle this case in the Bronx? by Frank Scahill I know it’s the middle of August and the last thing you would expect would be a trial in the Bronx on damages with four experts on a cervical spine discectomy and fusion case, but that is exactly where we found ourselves this month. Dr. Sebastian …

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