Injury Claim: Please Do Not Wait “Til The Midnight Hour”

Consult An Attorney Early To Avoid Losing Out On An Injury Claim!

injury claimI am borrowing from the classic Wilson Pickett hit song in the 1960’s to emphasize the importance of discussing an injury or a loss with an attorney as soon as practicable. The lyrics are:

“I’m gonna wait ‘til the midnight hour’
That’s when my love comes tumbling down
I’m gonna wait ‘til the midnight hour’
When there’s no one else around”

So often a person has a potential claim whether it is for a personal injury claim, property damage, breach of a contract or lease, discrimination or adverse action during employment, or otherwise, but by the time an attorney is informed and reviews the facts it is too late to proceed with a court case. It is a mistake to wait until “the midnight hour” because it is often unclear when the deadline is for particular claims to be brought to court. Waiting too long may mean a potentially good case might come “tumbling down.”

Recently, the Supreme Court of Ohio upheld a 90-day limit for pursuing an employee’s injury claim that the employer retaliated against the employee because the employee had filed for worker’s compensation for … Read More... “Injury Claim: Please Do Not Wait “Til The Midnight Hour””

Deposition Tips: Not Just An Ordinary Conversation!

Helpful Advice If You Are Called To Provide Testimony At A Deposition

depositionIn any type of civil litigation, whether a personal injury case, a probate court case involving a relative’s will or trust, a business dispute with customers or other owners, or a matrimonial case, a party or an important observer may be called to provide testimony at a deposition. A deposition is being questioned under oath often by the opposing attorney, outside court, usually in a law office or a court stenographer’s office. The judge is not present although she is usually accessible by telephone. The deposition is conducted by the lawyers and the court reporter who transcribes all questions, answers, and legal objections. In many cases the lawyers’ perceptions of how this deposition testimony will impact the judge or jury determines whether the case goes to trial or serious settlement discussions occur.

In preparing to give testimony under oath at a deposition it is very important to review the issues and likely questions with your attorney in advance. This is not meant to modify or conceal the truth. Every witness is under oath to tell the truth and no ethical attorney will attempt to coach a witness … Read More... “Deposition Tips: Not Just An Ordinary Conversation!”