THANK YOU ALL:
We wish to gratefully thank all our great readers for their kind accident case referrals. Referrals are what keep us going. We hope you continue to help us! Have a great Fourth of July everyone!
WHAT IS NEW AT THE TULLY LAW FIRM – BIG NEWS:
Michael and I are writing a short book on SERIOUS CAR ACCIDENT AND DEATH CASES! Stay tuned for details on its publication date. Here are some areas the book will cover, as listed below:
WHAT CAN YOU RECOVER IN A SERIOUS CAR ACCIDENT OR CAR FATALITY CASE:
Medical Expenses, including diagnostic testing (like MRI, CT scans, ultrasounds, and blood work), prescription medications, hospital and doctor visits and other treatments.
Lost Wages, both past and future wage loss, including long- term disability income.
Lost Earnings potential.
Property and Car damage or replacement value.
Pain and Suffering.
Wrongful Death Benefits to the estate of a family member who died in a car accident.
BURDEN OF PROOF – WHAT IS REQUIRED TO RECOVER:
In any lawsuit brought by a Plaintiff against a wrongdoer the Plaintiff bears the burden of proving their case by a preponderance of the evidence. This simply means the victim has to prove that the wrongdoer caused the accident in order to recover $$ for their pain and suffering sustained as a result of the collision.
NEW CASE LAW REGARDING DEPOSITION CONDUCT:
A new Court decision decided there are only 2 reasons that justify an attorney instructing their client not to answer a deposition question: 1)the information sought is privileged (attorney-client privilege), or 2) a protective order issued precluding their client from answering the question. This does not allow attorneys to have “free rein or open season” on the person being deposed – meaning they can ask any question they want. Attorneys still have to conduct depositions ethically, and in good faith. However, this new case prevents the person being deposed, like the wrongdoer, from holding back critical information we need to prove our case.
FLIP-FLOPS AND YOUR SLIP AND FALL CASE:
If you were injured in a slip and fall case, one of the first questions defense attorneys will ask you is what shoes were you wearing at the time of the incident. Why? Because if the defense finds out you were wearing flip-flops (which don’t provide the same stability as regular shoes) they will use that against you. Recently a defense attorney in our slip & fall case argued it wasn’t the water that was left on the floor that caused our client to fall. Rather our client’s sandals caused her to fall because of their instability! We asked is it really your position that your floors are only safe to walk on if you are wearing certain types of footwear? That is what you must be ready for in these types of cases. So remember defense attorneys will ask what shoes you were wearing in any slip and fall case!
LEGAL CORNER: WHO IS ALLOWED TO ATTEND A DEPOSITION?
Once a lawsuit is filed, one of the most important parts of the legal case is your deposition. We are often asked by our clients if the person who caused the collision, the wrongdoer, will be present and listening to your deposition. Legally, any PARTY to a lawsuit has the right to attend any deposition of any person involved in the lawsuit. However, on the positive side you may attend the Defendant’s deposition if you want!
PENGUINS LOST OPPORTUNITY:
Despite winning their division for the first time since 2014 the Penguins failed to get out of the first round, losing in 6 games to the New York Islanders. Yuck!
Sigh! Well there is always next year!
Hope sprints eternal. Training season is starting soon!
JOKE OF THE MONTH:
What did one hat say to the other?
You stay here, I’ll go ahead! Get it? LOL
WORD OF THE MONTH:
Circumambient. Adjective. Encompassing on all sides/surrounding. The sailor could not see the port clearly because of the circumambient water.
CONGRATULATIONS TO: James S. who won our $50.00 prize for successfully answering June’s Newsletter question! Great Job James!
NOW FOR YOUR CHANCE TO WIN $50.00: What holiday is celebrated on July 4th every year, and has been since 1776?
Come on this is super easy! LOL
Your friends and attorneys,
Bernard M. Tully and Michael J. Tully
Have a Great July!