On the 8th Day...
On the 8th day God said “I need a trial lawyer.” Someone to get up everyday before dawn review medical records and depositions, meet with experts, work all day in front of a jury under stress and under the thumb of a judge. Along with all of that he still must find the time to rest, eat and take care of himself.
He must have a sharp mind to fight insurance companies and overpower government interests, yet calm enough to ease his clients’ minds in the heat of trial.
Waiting for a Verdict
A good trial lawyer must be able to wait for a jury verdict in the courthouse halls where nothing grows, all day on pins and needles in the most difficult cases.
Then the trial lawyer watches as the jury files in and renders its verdict, while he dries his eyes and prays that justice will be done.
Doing It All Over Again
After a 3-day jury trial, a trial lawyer must start over and log another 72 hours that week preparing for the next client.
To hear more about what trial lawyers are made of, download and listen to the entire episode of God Made a Trial Lawyer.
If you are short on time, here are the highlights of the God Made a Trial Lawyer:
On the 8th Day God said what? (0:54)
Shaping a winning cross examination (2:27)
Fighting for justice (3:25 mark)
Bonding families together in tough times (4:24)
Call Richard: 760-730-0500
Connect with Richard on Facebook
This show was adapted from “God made a farmer” originally written by Paul Harvey.
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses Brain Injury Basics if you have sustained a head injury for a bicycling accident.
Start with a Helmet
Most accidents involving bicyclists involve a head injury. It’s important to first have been wearing a helmet properly and to take pictures of and save that helmet after you have been in an accident.
Also, take pictures of all of your injuries. Remember the burden of proof is on the cyclist.
Types of Brain Injuries
The brain is damaged within the skull from a violent hit or movement. Sometimes it’s from an impact with the car and then another impact hitting the ground.
Think of it like an ice cube that is shaken around in a glass drink. That’s essentially what happens when your head strikes or is struck.
Frontal Lobe Injuries
The injuries sustained after a head impact can cause cognitive malfunctions. The frontal lobe deals with your ability to multi-task. This involves thought, memory, intelligence, concentration, personality and aggression.
Parietal Lobe
An injury to this lobe results in deficits in language and word functions or things like performing sports, operating a computer.
To hear more about what Brain Injury Basics, download and listen to the entire episode.
If you are short on time, here are the highlights of Brain Injury Basics:
What is a brain injury (2:20)
Personality changes? (3:15)
The most common brain injury? (5:55)
Symptoms of brain injury (8:40)
What are the diagnostics? 12:18)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses Calculating Pain and Suffering from injuries sustained in a bicycling injury case.
Economic Damages
When you are involved in a bicycling accident due to someone else's negligence, your damages go beyond the hospital stay and missed days at work.
Economic damages are hard loses. Medical bills, lost wages and future bills and loss of income.
Non-Economic Damages
These include pain, suffering, fear, anxiety, stress, discomfort and change of lifestyle.
Setting Value
There is no set formula. If you or your lawyer think your case is worth “x” present this to a focus group or ordinary persons and let them give you a range of value.
You can also search for similar cases on line and see what they brought back in terms of a jury verdict.
How a Jury Calculates
The most important aspect in Richard’s opinion is credibility. If the jury finds you credible, you are not exaggerating and telling the truth, they will give you a fair verdict. If not, even if you were rear-ended in some cases, they will find against you. It’s very important to tell the truth and not have any inconsistencies.
To hear more about what Calculating Pain and Suffering, download and listen to the entire episode.
If you are short on time, here are the highlights of Calculating Pain and Suffering:
The ripple effects (1:39)
Testing damages establishes value of case (2:20)
How insurance companies attack your credibility(4:35)
When your passion is sensed by the jury (8:00)
Lifestyle changes (9:05)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the area motorists are to allow a cyclist when passing in The 3 Foot for Safety Act Proving a Violation.
What the Law Says
In CA a motorist cannot tailgate or pass in a reckless manner. They must slow down to a reasonable speed and pass with at least 3 feet clearance between them and the cyclist.
Enforcing the Law
A motorist that buzzes a cyclist can be cited. Accidents often happen because motorists misjudge their vehicle mirrors and/or a cyclist’s speed. Motorists are required to pass without impeding the cyclist they are overtaking. The new law uses objectivity of a yardstick to enforce the distance.
Proving a Violation
Many cyclists are buzzed by large vehicles and buses. You will need to have the license plate and a witness. Many public transportation buses contain video cameras and Zonar GPS. You can use that footage as proof as well.
Overtaking Violation
When a motorist passes but misjudges his right rear when overtaking and pass too closely or impedes the cyclist.
To hear more about The 3 Foot for Safety Act Proving a Violation, download and listen to the entire episode.
If you are short on time, here are the highlights of The 3 Foot for Safety Act Proving a Violation:
What is a 3 foot violation? (2:20)
Video on buses (3:03)
Violation upon overtaking the cyclist (5:30)
Turning violations (6:15)
Negligence (7:20)
How this new law will help you (9:05)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette