Can a Judge Refuse to Reconsider his Ruling
A lawyer asks the judge to reconsider his ruling. The judge refuses and inform the attorney that if he does not like his ruling he can take it up on appeal. Can a judge say this?
The Judge can Refuse to Reconsider
The answer is yes; a judge can make a snap decision and stick to it such as this. For instance, your lawyer is questioning a witness, the defense objects to a particular question, the judge says, “objection sustained”, and stops the witness from answering the question. Here the judge has made a snap decision about whether your lawyer can question the witness about a particular topic.
An Ideal Attorney will Communicate with You on a Regular Basis
You are thinking of filing a personal injury lawsuit for the harms and losses you have suffered, and it could be an accident case, medical malpractice case, or even a wrongful death case. When you are choosing an attorney to represent your case, one of the key details you need to find out is how often the attorney will communicate with you.
Apart from extensive experience and a high success rate, your attorney should have an effective communication system which means they should phone or email you once in a while to keep you updated. In many instances, the client usually has to go around chasing the attorney to find how his case is progressing, since their attorney is not keeping them informed. Therefore, a lawyer who communicates with you on a regular basis is suitable and more professional.
Lack of Communication
When most lawyers are asked about how often they communicate with their clients, they say maybe once or twice a year, and some say that they expect clients to track them down. When you are recovering from an injury and trying to get back on track with your life, you do not want another burden of having to track your attorney down just to find out about the status of your case.
Personal injury cases can take a long time, and the trial may start several months after the deposition. Since your lawyer frequents the courthouse, he will have the information about the status of your case and if there are any changes. However, this information has to be communicated to you, so that you know exactly what is going on with your case. The top complaint of most people in New York is that their attorneys fail to communicate with them on a regular basis or not at all.
Will the Defense get to See Your Diary, if You have one, in a Medical Malpractice Lawsuit
Some people like to keep a diary, a log, or a journal, and they note down their innermost or private thoughts in it. They write things that motivate them or things that are troubling them that nobody else sees. Now, suppose you keep such a diary, and during the course of your medical malpractice lawsuit, you windup recording details about your injuries and how they have affected you.
Will a Juror who has Suffered the same Injuries as the Victim be Automatically Disqualified
You have suffered a significant fracture of the femur in an accident, which is the biggest bone in the body, and you have filed a personal injury case to claim compensation. Your case has come all the way to trial, and now during jury selection, one of the jurors tells your lawyer that he has suffered the same type of fracture, but his injuries were not permanent.
Should a Lawyer Give a One Hour Opening Argument
In your medical malpractice trial in New York, where there are many details and facts that the jury needs to know and consider, should your lawyer give a two-hour opening argument at the beginning of the trial?
Most Common Defenses in Medical Malpractice Cases
Judgment Call a Common Defense
Knowing the Costs of a Trial
When you have filed a personal injury case, and your doctor agrees to come and testify on your behalf at trial, do you have to pay him? The answer is yes, you will have to pay your doctor to come in and testify. It would be sort of selfish to assume they will spend a day or two in court and not receive some type of financial compensation.
Complication as a Defense in a Medical Malpractice Case
A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient’s lawyer object to this during the trial? Can the plaintiff’s lawyer prevent the doctor from telling this to the jury?
COPD guidelines can lead to misdiagnoses
Chronic obstructive pulmonary disease is a major leading cause of death in New York and around the world. Approximately 27 million people suffer from COPD in the United States alone, with an estimated 210 million afflicted with it worldwide. Symptoms include breathing difficulty due to airway obstruction, shortness of breath and frequent coughing. Smoking is a leading cause of the disease.
The Judge cannot tell the Jury What Your Case is Worth
Can a Judge Express his Opinion to the Jury about What Your Case is Worth
If your personal injury case goes all the way to trial, whether it is a car accident case, medical malpractice case, or even a wrongful death case, does the judge tell the jury at the end of the trial, how much he believes you are entitled to receive as part of your damages and claims you are making?
The answer is no, the judge will never ever give his opinion to the jury, about what he believes what the jury should do. The judge cannot tell the jury what your case is worth because it is not the judge’s function to tell the jury what he believes or insinuate what he thinks the victim should receive. The jury has to determine this on their own by adhering to the facts of the case.