The Video Taped Deposition
A picture is worth a thousand words. Yet the majority of depositions are just black words on white paper. However one may question videotaping a deposition. Many of my colleagues ask why potentially risk exposing your client to visual scrutiny that would be unseen by a written transcript?
After years of hard work, research and considerable capital investment your case is ready for trial. It is now time for jury selection. This 12 good and true have to be carefully selected for a fair trial to take place. All to often we are confronted with a rushed situation where you almost feel like the system would just prefer you take the first group seated that colorable “can be fair.”
Jurors believe that they can be impartial. Unfortunately, we have learned all too many times that they are not. They receive facts through the filter of their prior life experience.
The fact that jurors bring their beliefs and expectations to the trial is not necessarily a bad thing. The jurors are there to serve as the conscience of the community as part of the justice process. Therefore, they are supposed to rely on common sense notions of the world when rendering their verdict.
“Jurors have already made up their mind after opening statements.”
All trial lawyers are familiar with this popular myth. And in the middle of a trial—especially an expensive, high-stakes one—it can be rather disheartening to think the jurors have already made their decision. But there are certain strategies and techniques that can ensure you have the jurors’ full attention and engage them throughout the process.
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TAKE A TOTAL WITNESS ANALYSIS.
- Why is this witness important to your case?
- Where does their testimony fit?
- What case theme is enhanced by his testimony?
- Why is this witness important to your case?
I am a believer in focus groups. I do them early pre-suit to learn about my case by presenting my fact scenario and then asking: What do you think? What else would you like to know?
Then I will go into questions on responsibility. The key is to get the folks in the group talking and see where it all goes.
On occasion this approached has helped me in my decision to accept or reject.
Each and every one of us, as a trial lawyer, has the ability, the power and the talent to conduct a winning direct. Our goal is to work together in focusing in on the key elements of direct witness examination and the provocative powers of communication which we possess that will enable us to win in the courtroom.
There is more to Opening Statements than just telling what the case is all about. A tremendous amount of things have to be accomplished in a short period of time. You have to somehow establish yourself as credible. You can’t stand up and say, I am credible, you have to look, act and sound credible.
Developing a good cross-examination begins long before the eve of trial.
Frequently Asked Questions:
Q. How do you determine whether to depose or not depose the defense medical expert?
A. You cannot answer that question until you have answered the following questions:
It was a warm mid-spring afternoon, some 15 years ago. I had just finished a personal injury case and I was finally feeling the effects of the two-week trial. As I slowly packed up my message and story boards, medical charts and anatomical models, a well-known defense attorney and friend came up to me and asked me to do him a favor.
It is critically important to control the way evidence is presented during trial, and a well-made video will make your argument all the more dynamic. Video presentations speed up trial proceedings, and they appeal to the different learning styles of the judge, the jurors, and others present in the courtroom.
Typically, in a personal injury suit, emotional injuries will be referred to as “pain and suffering” and damages will stem from them. Most often, this will include injuries like mental anguish, emotional distress, fear, anger, and anxiety.
When a potential inadequate security case against a large hotel or motel chain comes to your office, you must marshall all of your professional and a sizeable portion of your economic resources to successfully litigate the victim’s cause — justice!
We are “selling” ourselves every moment. The question presented is what and who are we selling. Are we only merchants in a market place? If that is all we are, then we fall far short of our aspirations of professionalism, and, we serve far less of the public than we would and could by traveling a higher road.
This year, Christopher DiGirolamo of Maggiano, DiGirolamo & Lizzi will be speaking at the 2016 Boardwalk Seminar in New Jersey! He is honored to have been asked to speak on the topic of Workers’ Compensation law.
The Truth About Forced Arbitration
DEO Linda Lipsen of the American Association for Justice states that, “Forced arbitration is a corporate bullying tactic designed to kick people out of court and eliminate their right to seek justice. It’s a rigged system set up by corporations to favor corporations.”
If you have been involved in an accident or injury caused by the carelessness of another person, then you may be able to hold that person liable. Preserving physical evidence of the accident and injuries may help your case greatly if you decide to pursue one in the first place. After an incident occurs, it pays to act quickly.
Grilling can be a great thing for picnics and parties during the summer months. However, it can also bring danger to an event if the grill is not used properly or safely. You may want to be aware of the dangers and some tips on how you can stay safe this summer!
If you are seeking disability insurance benefits and received a claim denial, you may wonder where to turn. You may feel lost and helpless and think that this is the end of the line as far as receiving benefits that you know you deserve. However, the process of getting disability insurance benefits doesn’t have to end with the claim denial.
When it comes to personal injury cases, high monetary payments may be an issue at hand. This could be due from the person at fault or from an insurance company. Before throwing tons of money into paying for physical injuries, a person responsible for said injury will want proof that it is real.
If My Car is Damaged by Road Conditions or Construction, Can I Sue?
Each year, many Americans are disabled as the result of an accident causing them injury. There are many different elements that could be taken into consideration in a disability case and making a claim.
What is Replevin? It can really apply in a variety of situations, but mostly known in situations where two parties have the rights to possession of a piece of property, though one has greater rights. In other cases, sometimes a piece of property was supposed to be rightfully released to somebody and wasn’t.
To understand what has to happen in a negligence case, one must understand what negligence actually entails. Under the legal theory of negligence, a careless person will be legally liable for any resulting harm that comes from someone acting in a careless way and causing injury to another person.
What is disability insurance? It is an insurance policy that covers some of an individual’s lost income while they are unable to work due to an illness or injury.
What Is Economic Recovery?
Economic recovery refers to a wide array of damages that you may be entitled to if you suffered an injury or were harmed in an accident.
What is ERISA? This is known as the Employee Retirement Income Security Act of 1974, which is a federal law that regulates the retirement plans of private employers. ERISA typically focuses on retirement plans but isn’t just limited to that.
Have you been injured in an accident and feel that a specific defendant was responsible for your injuries through their own negligence? If so, they could be found liable in court. However, first, you will need to prove all the elements of a negligence case.
In many cases and many states, it is quite difficult to prove a case related to stress in the workplace. This is mostly due to the fact that stress-related claims are not like other typical workplace injuries.
Outstanding numbers say that at least one out of every four workers will become disabled at some point during their working career! So, how does disability insurance come into play to help out the worker in need?
What happens if you find yourself sustaining an injury from a defect of a public sidewalk or roadway? What if you were injured due to a road’s surface or traffic flow due to an excavation? Lastly, what if you find yourself in a situation where a traffic light or sign has malfunctioned, and you are injured as a result?
Have you just been injured and believe you have a claim? You may want to know what goes into the typical injury claim process. Valuable information regarding meeting with an injury attorney and what you may expect could get you ready for the claim process and answer any questions you may have.
In cases involving accidents or injuries, the legal basis for holding a person or company legally responsible for resulting harm is known as “negligence.” This is most easily known as someone acting in a careless way and causing an injury to another person.
It is said, through studies, that a significant portion of the people who receive cardiopulmonary resuscitation may end up with broken ribs or other bones as a result. Recently, Dr. Michael Sayre, a spokesperson for the American Heart Association, said that broken ribs are to be expected when doing CPR and the general worry of causing a break should not deter people from helping someone who is in cardiac arrest.
When you go through with a lawsuit, you typically have money damages and compensation in mind. This may be to cover the cost of your injury in a personal injury case. There are typically two types of damage caps, known as economic and non-economic damages. What is the difference?
Types of Personal Injuries
There are many different situations that could happen to a person that could give rise to a personal injury case. Not every single situation is going to lead to liability, but in some cases this could be the matter. Personal injury law is a type of law that allows an injured person to get compensation when someone’s negligent actions caused harm to that person.
Who is Responsible Regarding Premises Liability?
What is premises liability? It is a legal concept referring to personal injury cases where the injury was caused by some type of unsafe or defective condition taking place on someone else’s property.
Alcohol-related accidents and injuries are very serious. In regards to legal concepts, “social host liability” refers to allowing a host of a party or other gathering to be held liable in certain situations stemming from a guest becoming intoxicating and ending up causing an injury to a third party.
Accident Fault FAQ
If you have been injured in an accident, you may have many questions revolving around your potential case. This could range anywhere from where to turn next, to what negligence refers to. These frequent questions and answers about accident fault are now available at your fingertips, outlined below.
Let’s say that you have been hurt in an accident – you may be experiencing a confusing and stressful time in which you are thinking about pursuing a personal injury claim for your injuries. There may be many steps involved in the process of filing your claim and what you should do beforehand to make sure the process goes smoothly.
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- Lawyers Weekly Publications
- Legal Information Institute at Cornell University
- National Law Journal
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May 2013 Trial Attorney Michael Maggiano brings an unprecedented lawsuit on behalf of a New Jersey family – Lawsuit: Wrong family got body because of misidentification
Trial Attorney Michael Maggiano brings an unprecedented lawsuit on behalf of a New Jersey family to hold the state of North Carolina liable for mistakes made by their Medical Examiner.
March 2010 We are happy to announce that on Saturday, March 6, 2010, in Desert Springs California, the founder of our firm, Michael Maggiano, will be inducted as a Fellow of the America College of Trial Lawyers.
- February 2010 On March 7, 2010 Mr. Maggiano will address the Personal Injury Litigators Summit at the Wynn Casino and Resort, Las Vegas as one of the opening speakers of the three day summit.He will be joined by international communication expert Rodney Jew and graphic design expert, Amy Gallagher to speak on their innovative approaches to jury persuasion.
November 2009 Important Medical Malpractice Statistics from the American Association of JusticeAre there really too many lawsuits? Statistics show there are far less lawsuits than there are incidents of medical and hospital negligence:
- September 2009 Michael Maggiano has been named one of New Jersey’s Top 100 Lawyers for 2009 in the Super Lawyer edition of New Jersey Monthly Magazine .
- August 2009 Michael Maggiano to moderate panel on Claims Involving Workplace Safety and Injury in November 2009 workplace_injury
December 2007 Michael Lizzi was a guest on ICN Radio for a 45 minute discussion on what to do if involved in an automobile accident including dealing with other drivers, witnesses, police, insurance and legal issues.
July 2007 Tropicana Settles Deadly 2003 Garage Collapse for a record $101 Million, the largest construction accident settlement ever.
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Maggiano, DiGirolamo & Lizzi (MDL) is a law firm based in Fort Lee, Bergen County New Jersey and New York City, New York. Our firm is dedicated to protecting the rights of the injured.
- National Safety Council
- Consumer Product Safety Commission
- Public Citizen
- Public Justice
- Food & Drug Administration
- National Safety Council
- Child Product Recall
- US Consumer Product Safety Commission selected recalls for infants and children
The New Jersey Association for Justice has selected Michael Maggiano as its Co-Program Chair for its Masters in Trial Advocacy Program at the Sheraton Meadowlands, Friday November 12, 2010
- October 2009 New York Magazine names Michael Maggiano in its 2009 Best Lawyers edition as one of the top Civil Trial Lawyers in the New York Metro Area.
- October 2009 Michael Maggiano has once again been named in the 2010 edition of Best Lawyers in America.
- October 2009 Christopher DiGirolamo is teaching a course, Knowing your Auto Insurance Policy, on December 1, 2009, at Bergen Community College. PLS-Law Section2009
- May 2008 MD&L are featured as Super Lawyers in the Super Lawyers Magazine in this month’s New Jersey Monthly. Maggiano_NJSL08
- May 2008 Michael Maggiano, Christopher DiGirolamo and Michael Lizzi have been voted in by their fellow lawyers as among the Top Lawyers in New Jersey according to a 2008 poll published in New Jersey Monthly Magazine.
- January 2007 New Jersey Jury Verdict & Review Magazine article on the motor vehicle case that Michael Maggiano and Michael Lizzi settled for $2,800,000. Maggiano_NJJVRA0107