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Category Archives: Personal Injury

Train3

Another Brightline Accident Calls Train Safety Into Question

By Kelly Barcia Nuñez |

There has been another death involving the railway system Brightline. The recent death begs the question of why, if train on pedestrian accidents are so rare, there seem to be so many occurrences of these kinds of accidents when it comes to Brightline. Woman is Killed by Brightline Train The recent accident involved a… Read More »

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What Are Subsequent Remedial Measures?

By Kelly Barcia Nuñez |

When your attorney starts to build your case, he or she will need to get as much evidence as possible. But getting all the information that is needed can sometimes be tougher than it seems–especially trying to get a key piece of evidence that you know will convince the jury that the Defendant is… Read More »

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InjuryAccident

Summary Judgment Can End Your Injury Case Before It Gets To Trial

By Kelly Barcia Nuñez |

If you can’t settle your personal injury case, and you have to go to trial, you will have a neutral jury hear your case, and decide whether you should recover compensation and if so, how much. At least, that’s how it is supposed to work. In fact, there is no guarantee that your case… Read More »

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InjuryInsurance

Things That Should Be Admissible In Trial, But Aren’t

By Kelly Barcia Nuñez |

In a personal injury case, you tend to think that anything that could help prove your case, you should be able to use in trial. But that’s not exactly how it works. Actually, there are a lot of things that aren’t admissible in trial, that you would think are, or should be. Here are… Read More »

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Inferences And Assumptions In A Personal Injury Case – What’s Allowable?

By Kelly Barcia Nuñez |

When you are in a personal injury case can the jury make assumptions? That is, would a jury be allowed to infer something? Do you need hard, solid evidence to prove every aspect of your case? Sometimes, you don’t. Sometimes, the jury can make reasonable inferences in your case. Reasonable Assumptions Let’s assume that… Read More »

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Jury

Can A Judge Change Or Alter The Amount Of A Jury’s Award?

By Kelly Barcia Nuñez |

Let’s say that you go to trial, and the jury enters an award for you. You aren’t happy with the award—maybe you think it’s too low (that is, not enough or sufficient compensation for your injuries). On the other hand, maybe the defendant thinks what the jury awarded was too much—that the verdict should… Read More »

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What Happens If The Defendant In Your Case Files For Bankruptcy?

By Kelly Barcia Nuñez |

So you’ve looked at all the possible defenses that the defendant may assert against you and balanced the strengths and weaknesses of your case, and you are moving forward to the trial in your lawsuit. Maybe you even rejected a settlement offer, confident that your personal injury trial will yield a better result. And… Read More »

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Understanding PIP Setoffs In Your Car Accident Case

By Kelly Barcia Nuñez |

When you are in a car accident, your personal injury protection (PIP) insurance will pay about $10,000 towards your lost wages or medical bills (the amount may vary, depending on which you apply these to, and whether you have a deductible or not). This is generally very helpful to people in car accidents, as… Read More »

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Legal14

What Is A Legal Presumption?

By Kelly Barcia Nuñez |

You hear it often in the law, and particularly in personal injury cases: In a given situation, there is a presumption of something. But what does that mean? What is a legal presumption? A Free Pass to Proof Normally, when you go into court, you have to prove your case. But you don’t just… Read More »

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Injury5

What To Expect At Your Personal Injury Mediation

By Kelly Barcia Nuñez |

When you file a personal injury case, but before your case actually gets to trial, you will almost certainly be told by the judge to go to mediation. This may seem scary to you—in fact, it may be the first time you’ve had to appear anywhere in your case, if you haven’t already had… Read More »

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