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Recent Posts in Personal Injury Category

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Anticipating and Overcoming Challenges from the Court

When preparing for trial, like many other endeavors in this life, it is best to hope for the best but to plan for the worst. In other words, you need to draw up your opening statement, closing ...
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Pre-Trial and Trial Posture

As trial lawyers it is incumbent upon us that we proceed to trial with haste. To that end it seems fitting that we pursue each and every case as though that case is destined to be tried. I think that ...
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Authentication of Physical Evidence

I wrote this short blog/article primarily for my, Eric Roy, and my staff's benefit. These rules I speak about here are those as governed and dictated by the Federal Rules of Evidence. Most states ...
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Witness Competency

This short blob/article was written for my, Eric Roy, and my staff's own benefit. The rules outlined below are those that govern witness competency as dictated by Federal Rules of Evidence. That ...
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Foundation and Testimony

During the trial process it is important that we have a solid understanding as to how evidence is to be presented for the fact finder, whether that be a judge or jury. Generally speaking, in order for ...
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Closing Argument in Injury Trials

Each element of the trial process requires its own unique approach. Closing argument is no different. The very phrase "closing argument" is a bit of a misnomer, at least if you follow the ...
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Presenting Witness Testimony

As trial approaches we, as trial lawyers, begin considering what witnesses we will present at trial. Often times we spend too much time considering the information the witness can opine on without ...
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Understanding Juror Perspective

As lawyers preparing for trial we naturally form biases. As plaintiff's lawyers these biases are usually in favor of our client. We get to know our clients' on a personal level and we thus ...
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Captivating Jurors in Trial

If you ever take the time to watch a jury trial you will quickly find how boring they can be. This is especially the case for trials that take days or weeks to conclude. The reason for this, is in ...
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Capturing our Audience in Trial

Our fundamental goal in trial is to persuade. If we are to persuade we must first capture the attention of our audience. Without an audience who pays attention to us and our presentation we have no ...
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Storytelling in Trial

The story is an incredibly powerful tool of persuasion. Storytelling has been around for since at least the beginning of recorded history. The story has become central to human communication and ...
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Visceral Communication in Trial

Trials are complicated affairs. Trials by their very nature require a unique and often disjointed means of presentation. Moreover, trials often take days if not weeks to conclude. Given these ...
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Demonstratives in Trial

As we know, people have their own unique learning styles. Generally speaking there are auditory, visual and tactile learners. This simply means that people generally learn best by either listening, ...
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Understanding Jurors, beyond Voire Dire

During the voire dire process we, as lawyers, need to take extra care to determine what attitudes and opinions each of our potential jurors carry with them. We know that we cannot change the attitudes ...
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Knowing Your Audience in Voire dire III

As a general proposition, in trial, it is always a good idea to expose your weaknesses before your opponent has the opportunity to do so. Thus if you are reasonably certain that your adversary is ...
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Knowing Your Audience in Voire Dire II

The voire dire process will be your first chance to make a good impression upon your potential jurors. A couple of points to keep in mind here. First of all, and above all else, remember that you are ...
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Knowing Your Audience in Voire Dire

The Voire Dire process is of huge importance in the plaintiff's personal injury context. To this end, you need to push for the most expansive voire dire process available. Judges have wide ...
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Witness Preparation

Trial preparation is a long and tedious process. By the time we complete preparing our cross examinations, direct examinations, opening and closing arguments we often forget to take the time to ...
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Basic Jury Trial Tips

There are fundaments which are essential for trial lawyers. These fundamentals will apply over and over again in just about any jury trial context. A majority of these tips are equally applicable in ...
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Interpreting Harry v Smith, 111 Nev. 528

I wrote this short summary simply to reinforce my, Eric Roy's, own personal understanding of this case. This particular Nevada Supreme court case sheds light on a few different issues. Simply put, ...
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Interpreting Wood v. Safeway, Inc., 121 P.3d 1026

This article essentially summarizes my, Eric Roy's, understanding of the Wood v. Safeway case. This case was decided Oct 20 th of 2005 and provides guidance on three different issues. The facts of ...
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Polarizing in Discovery

If you, as plaintiff's counsel, do a good job at proving liability by way of discovery tactics you will leave the Defense with only their tried and true malingering defense. Essentially, the ...
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Defeating the Malingering Defense

In our personal injury trials we need to have strategic methods for defeating any possible defenses which the Defense might put forward. As you begin to work up your case you will slowly destroy the ...
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Arguing Liability in Closing

As a general proposition we, as trial lawyers, seek to demonstrate liability from beginning of trial through closing argument. Our primary mechanism for doing this is by first showing the jurors what ...
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Cross Examination on Industry Standards

We win cases with exceptional cross examination. The reason why cross examination is so powerful is that this is the point in our trial when hostile witnesses can testify to our positive facts. When ...
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