Legal Guides
Mitchell Sanchez Attorneys Obtain $4.66 Million Dollar Verdict
Mitchell Sanchez attorneys Jeffrey A. Mitchell and Monica C. Sanchez obtained a $4.66 million dollar verdict for their client on October 18, 2012. They represented a 46 year old Hispanic truck driver who was injured when a forklift operator dropped … Continue reading
The Court System
In this country the court system is generally divided into two types of courts, state courts and federal courts. Continue reading
The Anatomy of a Lawsuit
If you are currently involved in or contemplating litigation, you should understand how a law suit proceeds. Continue reading
The Burden of Proof in a Lawsuit
The person bringing the lawsuit, the plaintiff, has the burden of proving the elements of his lawsuit. Continue reading
What is Discovery?
Discovery refers to a phase of litigation where the parties seek information from one another. The information which may be requested (discovered) during the discovery phase is very broad. In fact, courts allow the request of information which is “reasonably … Continue reading
Preparing for Your Deposition
There are two basic reasons why the opposing attorney wants to take your deposition. First, that lawyer is trying to discover information about you personally, your background, your education and work history. He is also trying to discover what information … Continue reading
What is Evidence?
Evidence is defined as any species of proof, or probative matter, legally presented at the trial of an issue, by the parties involved in the matter. Evidence may be presented by witnesses in the form of testimony, or by documents, … Continue reading
When is Evidence Relevant?
Evidence is “relevant” when it has applicability to the issues presented in the case. Relevancy is that quality in evidence that makes it properly applicable to the truth or falsity of matters at issue between the parties. A fact is … Continue reading
When is Evidence Authentic?
Just because a witness or party has written evidence to support his claim does not automatically mean that a judge will allow that evidence to be presented to the jury. One test evidence must meet in order to be deemed … Continue reading
What is Hearsay?
Hearsay is a statement, other than one made by the declarant while testifying at trial or a hearing offered in evidence to prove the truth of the matter asserted. See Federal Rule of Evidence 801(c). Put more simply, it is … Continue reading
What Motions are Filed in my Case?
During the course of any case in litigation, one or both parties to the lawsuit may file motions with the court. Generally, a party will file a motion with the court to get the court to rule on an issue … Continue reading
Will the Case Settle out of Court?
There are many factors which will determine whether your personal injury case will settle, or whether you will have to proceed to trial. Probably the most significant of these factors is the type of personal injury case involved. Generally, the … Continue reading
What is the Value of my Case?
There are several elements of damages that courts allow plaintiffs to recover when they are the victim of a personal injury. Pain and suffering and mental anguish are in a category called general damages. Lost wages, and medical expenses are … Continue reading
What is Mediation?
During litigation, you may hear your lawyer refer to a process called mediation. Mediation is an informal method of attempting to settle the case. It is not a judicial proceeding and it is not binding on the parties. Here is … Continue reading
What is a Good Settlement Offer?
Most cases settle out of court before proceeding to trial. However, not all cases settle for what they should. Sometimes, the plaintiff ends up settling the case for a lot less than the case is worth. Other times, the defense … Continue reading
Trial -Why Does it Take so Long to Get to Trial?
How Does the Case Proceed at Trial?
Many parties to litigation experience much anxiety and distress over the thought of proceeding to trial. However, trial is the one chance to tell your story to an objective group of individuals who will decide the outcome of the case. … Continue reading
How Does My Lawyer Pick a Jury?
The process of picking a jury is called Voir Dire. Picking a jury is a very important step and requires skill and experience. Most lawyers will tell you that the way they pick a jury does not win cases, but … Continue reading
Opening and Closing Statements
Virtually every movie or television show involving a trial focuses on the arguments that the lawyers get to make to the jury. The opening statement is made at the beginning of the case to tell the jury what evidence each … Continue reading
Getting Medical Experts to Trial
In Louisiana, the law requires that virtually all medical malpractice cases must be proven with medical expert testimony. The only exceptions are for those rare cases involving sponges or instruments which have been left inside of patients. Although there is … Continue reading
Presenting Your Evidence at Trial
In Louisiana, the plaintiff, or the person bringing a claim of medical malpractice has the burden of proving every element of the case by a preponderance of the evidence. This means that the patient must prove that a fact is … Continue reading
The Appeals Process
When the judge or jury decides the case in favor of one party and against another party, either one has the right to ask the judge to reconsider the decision. If a party chooses not to ask the judge to … Continue reading
What are Post Trial Motions?
When a trial has concluded and a verdict has been rendered by a judge or jury, the judgment must be formalized in writing by the court. Once the judgment has been rendered, either party may file what is called a … Continue reading
What are Appeals and When are They Filed?
The primary objective of an appeal is to give an aggrieved party recourse to a superior tribunal for the correction of the judgment of an inferior court. In most jurisdictions, a party to the litigation has an unqualified right to appeal … Continue reading
How Does the Court of Appeals Decide the Case?
The party taking an appeal from a lower court decision is required to specify the “errors” which they allege that the lower court made in deciding the case. Those errors can involve questions of law and questions of fact. The … Continue reading
Does the Supreme Court Get to Decide My Case?
Usually not. In most states, the court system is made up of trial courts, who are reviewed by appellate courts, who can be reviewed by the highest court, which is usually called the Supreme Court. However, not all states call … Continue reading