Slip and fall trial themes

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Osowski Consider beginning your next opening statement with your case theme. An Example I attribute a good share of the victory in my most successful case to date to my choice of the theme and the use of that case theme throughout trial. The surgery was supposed to be routine. The plaintiff had a very unlucky day. The fewer the years remaining, the more precious each one is. The simplest explanations are often the best.

Sometimes life is more painful than death. About the Author Beth D. Pretrial Planning Conference and Final Stipulation. Since , James Publishing has provided practical law books that are loaded with time-saving motions and pleadings, client letters, and step-by-step procedural checklists, pattern arguments, model questions, pitfalls to avoid, and practice tips. The defense lawyer can choose to address the jury immediately after your lawyer finishes or wait until you have finished presenting all of your evidence.

Opening statements are an extremely important stage of the proceedings. The attorneys are permitted here to tell the jury what the case is about and what the evidence will show.

It is also the second opportunity the attorneys have to influence the jurors. The attorneys seek to build upon the trusting relationship they began cultivating during voir dire.

Accordingly, smart trial lawyers treat this area of the trial with careful preparation and deep respect. It is absolutely crucial that the opening statement be interesting to the jury. It is extremely difficult to persuade an inattentive jury.

A boring car accident case can be enlivened by this storytelling technique. April 11, , began as an ordinary day in the life of John Jones. He awoke, made his coffee, talked to his wife and kids, and got ready for work. We spared no expense in trying to prove notice against the strip mall owner.

We went out to the scene, took photos, and spoke with other pedestrians in the area who also fell and took their statements.

We interviewed all of the businesses in the strip mall until we had many statements proving that the bricks in the walkway were uneven. We filed suit and recovered a fair sum of money after mediation. A patron of business along her route left his dog tied to a bench, giving the pet lots of room on its leash to move around. Unfortunately, the pup was less than comfortable within the confines of the town with all the noise and busyness that occur there.

When a car drove by, it startled the dog, making it jerk away from the bench. She suffered a painful fracture of her wrist, her first such injury of that nature. To a bystander, it might seem as though this is simply a freak accident.

However, a dog owner is still responsible for the behavior of his pet, both on his own property and when the animal is taken out into the world at large. Though she was in excellent health overall, due to her age, Vivian had some challenges in healing from this injury. She required physical therapy in order to gain full use of that arm. With the settlement The Haymond Law Firm won for her, Vivian was able to recover from her injuries and get her life back together.

A resident at Hartford Hospital was on her way to work when the snow started to fall. Suddenly, she slipped on the sidewalk and felt severe pain in her ankle.

Other doctors from the hospital came out to the sidewalk to assist her, and it was discovered that she had a serious ankle fracture.

She was rushed into surgery. After five months she returned to her duties. We investigated the accident and discovered that a layer of ice had accumulated on the sidewalk.

We negotiated a large settlement. The Haymond Law Firm represented a client who fell on ice in a mall parking lot. The lot had an owner, leaseholder agreements transferring power to shadow corporations, lessors, sublets, tenants, property managers, contractors, and subcontractors. We filed a suit against six defendants. After we filed suit, each attorney for the six defendants called trying to get out of the case. However, they did not want to agree to who was at fault. They just wanted to agree on who was in control and whose responsibility it was to care for the ice.

We said no. They were going to admit who was in control and let the rest out and leave it to us to prove who was at fault. They tried many arguments, we said no. We had an adjuster on a slip and fall case claim that sent letters that purposefully did not identify his named insurance. At first, we thought he was hiding the name of the real at-fault party so we could not sue them. We sent a letter giving him a deadline of 60 days to identify his insured.

He answered that the insurance company was investigating whether there was adequate coverage at the time of that accident and said that we should diary it for 6 months. We sent a letter giving the company 30 days to answer yes or no to coverage or we would file suit.

He called to tell us to send me a copy of the suit and claimed that we may have to wait in line two more years to get a trial date and a verdict to decide if there is coverage for this company. We filed something called a PJR. It is like a superpower that asks a court to freeze bank accounts or lien real estate of the at-fault party because their insurance company says it is going to take a long time to determine coverage or not.

Within 24 hours of filing the PJR, the at-fault party hired his own attorney to make claims against the insurer for not giving a prompt coverage answer. Within weeks of filing the PJR not only did I have written coverage confirmed, but we also had a defendant who hired an attorney to push his insurance carrier to pay our client. Attorney Sudnick represented a client who fell on ice walking through the parking lot to get to work.