-------------Original Message-----------------
From: A. Paralegal [mailto:[email protected]]
Sent: September 22, 2016 10:45 AM
To: Susan Chase [mailto:[email protected]]
Subject: New Client Interview
STATEMENT OF FACT
Bella Henderson contacted our firm on November 30 in regards to a personal injury
lawsuit against Office-Mart, Inc. Henderson states two winters ago she had fallen on a
patch of black ice in front of a location in Buffalo, NY as she was entering the store.
Henderson claims a number of injuries, although no specific details related to the
injuries are known at this time.
QUESTION PRESENTED
Questions to ask Ms. Henderson during our interview next week are:
1. Name: (personal information of the client) (also to check for conflicts of interest)
2. Address: (personal information of the client) (also jurisdiction)
3. Phone Number: (personal information of the client)
4. Name and address of where incident occurred: (to know defendant and for
jurisdiction)
5. Describe in detail exactly what happened at the time you fell: (to know all of the
details surrounding the incident to gain clarity or maybe explanation or a reason
for the incident)
6. What date: (needed because weather reports may be needed for investigation
and also because the statute of limitations in New York State for slip and fall
personal injury is 3 years)
7. Day of the week: (to verify more details possibly of the incident)
8. Time of day: (If it was early, or during a busy time store employees may not have
known the spot was icy or had time to put down salt or shovel)
9. If dark out, was there lighting: (could the accident been prevented if it was night
and there was poor lighting)
10. Weather conditions: (to determine more detail around the incident)
11. Was there any indication there could have been ice? (if there had been ice in
other spots of ice in the area, would that be an indicator there would be ice where
she had fell?)
12. Has there been other reports of persons injured on the same property? (to gain
information of repeated offenses that had already happened at their store;
credibility)
13. Had the store known about the ice from others prior to you falling? (If anyone
else had reported there to be ice, and the store did nothing to ameliorate the
situation it could also be another factor in the claim)
14. Were there any witnesses that had seen you fall? If yes, names? (use for
evidence that it had happened, or even more details)
15. Did anybody, including any employees of the business assist you after you fell? If
yes, names? (If they assisted her, then they were aware of the incident and could
further verify if it actually happened)
16. Did you inform the store of the accident when it happened? (there should be a
log or record of this)
17. Did the store fill out an accident report? (If required, this could be another fault of
the company)
18. Do you have a copy? (proof of the incident, giving more evidence it did in fact
occur)
19. Did you go to the hospital because of the fall? If yes, when? (This would prove an
additional expense and also more seriousness of the injury, also verified proof in
the direction of medical proof)
20. Did you take an ambulance to the hospital? (medical proof, seriousness)
21. Do you have any hospital bills? (financial burden caused by fall)
22. Names of providers? (to gather medical records and costs incurred of services
related to injury)
23. If you did not go to hospital immediately after you fell, when did you notice that
you had sustained injuries? (to answer why was not immediately if questioned)
24. Why or how do you know it was from the fall? (to answer why was not
immediately if questioned)
25. When you realized you sustained injuries, what did you do? (to answer why was
not immediately if questioned)
26. Have you seen any other medical providers involved with injuries related to your
fall? (to calculate expenses, injuries)
27. Names of those providers? (to obtain medical records related to injuries, costs)
28. Do you have photos of the injuries? (to further prove or show extent of injuries)
29. How have these injuries impacted your life? (to gain a better idea of the type of
pain, suffering, losses, future losses arising from the injury to calculate damages
due)
30. How would you describe any limitations you now face in comparison to before
your injuries? (what she was able to do prior that she cannot do not that she has
the injuries)
31. Have your injuries affected your ability to work? (If she would be entitled to
damages should her injury be for extended amount of time)
32. Can you provide paystubs? (before and after injury for comparison) (to see if
there were any major differences in pay or ability to work)
SHORT ANSWER
I would need to know more details before coming to any definite conclusion, I feel the
determination is about 50/50 in regards to Ms. Henderson’s case.
ANALYSIS
While some plaintiffs have won cases in slip and fall injury suits, not all have. Some
cases I had read related to this topic have also stated that the evidence showed there
had not been enough time to clean an area if it had just happened within ten minutes for
example. This was the reasoning for a lot of the questions I chose related to weather
conditions, time of day, and if there was proper lighting. More information will greatly aid
in my investigation.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_______________________________________________X
Bella Henderson, SUMMONS
Plaintiff, Index No.: ____________
v. Date Index No. Purchased:
Office-Mart, Inc., _____________________
Defendant.
_______________________________________________X
To the Person Named as Defendant Above:
PLEASE TAKE NOTICE THAT YOU ARE HEAREBY SUMMONED to appear in
this action by serving a notice of appearance on the Plaintiff at the address set forth
below within 20 days after the service of this summons (not counting the day of service
itself), or within 30 days after service is complete if the summons is not delivered
personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, a
judgement will be entered against you by default for the relief demanded below.
Dated: _________________, 20_____
Signature
Print name
Address and Phone Number
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
Bella Henderson,
Plaintiff, COMPLAINT
v. Index No.:
Office-Mart, Inc.,
Defendant,
TO THE SUPREME COURT OF THE STATE OF NEW YORK
The complaint of this Plaintiff, Bella Henderson, respectfully shows and alleges as
follows:
1. The Plaintiff herein, Bella Henderson, is a resident of the State of New York. Ms.
Henderson resides at 150 Main Street, Buffalo, New York.
2. The Defendant herein, Office-Mart, Inc., is a business located at 150 Niagara Falls
Boulevard, Amherst, New York.
3. On January 15, 2014 Plaintiff fell on a patch of black ice prior to entering Office-Mart
at the said location above.
4. The patch of ice was known about by management, however failed to ensure salt had
been put down to prevent accidents.
5. An accident report was filed with Office-Mart, Inc., and signed by Plaintiff, Bella
Henderson on the said date of injury.
6. The Plaintiff has sustained a bi-malleolar fracture to her right ankle and due to the
severity of the injury has had to have surgery and extensive medical care.
7. The Plaintiff will need future surgery and on-going medical care.
8. The orthopedic surgeon of the Plaintiff is unsure if Ms. Henderson will ever restore
100% pre-accident state of her injury that occurred at Office-Mart, Inc.
9. The Plaintiff suffers significant pain and limited physical functions in her right ankle
since the date of injury.
10. The Plaintiff has lost work as a result of the injury.
11. The negligence, duty of care and failure to maintain the premises by the Defendant,
Office-Mart, Inc., did result in injury to Plaintiff Ms. Henderson.
WHEREFORE, Plaintiff demands judgement against Defendant in the sum to be
determined by the court plus interest from January 15, 2014, for compensation for all
medically related expenses related to the injury of the Plaintiff and all future medically
related expenses from the said injury, any and all lost wages, pain and suffering,
emotional distress, and punitive damages, all costs and disbursements, together with
any other relief the court finds to be just and proper.
Dated: September 29, 2016
Bella Henderson signature___________
Bella Henderson, Plaintiff
150 Main Street
Buffalo, NY 14020
(716)777-7777
VERIFICATION
Bella, Henderson, being duly sworn, disposes and says:
I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and
know the contents thereof. The same are true to my knowledge, except as to matters
therein stated to be alleged on information and belief and as to those matter, I believe
them to be true.
To the best of my knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the presentation of these papers or the contentions therein
are not frivolous as defined in Subsection (c) of Section 130-1.1 of the Rues of the Chief
Administrative Judge (22NYCRR).
Bella Henderson signature________
Bella Henderson, Plaintiff
Sworn to before me this 29th
Day of September, 2016
Notary Public Signature
Notary Public
-------------Original Message-----------------
From: A. Paralegal [mailto:[email protected]]
Sent: October 7, 2016 10:45 AM
To: Susan Chase [mailto:[email protected]]
Subject: Henderson Predictive Memo
STATEMENT OF FACTS
On January 15, 2014, Bella Henderson slipped on a patch of black ice and fell on the
sidewalk in front of Office-Mart located at 150 Niagara Falls Boulevard, Amherst, NY
14226. The manager assisted Mrs. Henderson while reprimanding an employee named
James for not putting salt on the sidewalk two hours prior to Mrs. Henderson falling. An
accident report was filed by the store that Mrs. Henderson signed but did not receive a
copy.
Mrs. Henderson sustained injuries which require ongoing medical treatment, surgery,
and constant pain. Mrs. Henderson sustained a bi-malleolar fracture to her right ankle
which was severe enough to require surgery that consisted of having plates and screws
inserted into her right ankle.
Mrs. Henderson has incurred extensive medical bills as a result of this accident. She
has missed much time from work. Mrs. Henderson’s orthopedic surgeon is uncertain if
her ankle will ever return to 100% of its original state prior to the accident as she
continues to suffer from significant pain and limited range of motion in her right ankle.
She may also require further surgeries.
QUESTION(S) PRESENTED
Was Office-Mart negligent in providing a duty of care to Mrs. Henderson?
Did the negligence of Office-Mart cause Mrs. Henderson’s injuries?
If Mrs. Henderson filed suit against Office Mart, would Mrs. Henderson be successful in
her claim?
SHORT ANSWER(S)
Yes, Office-Mart does owe a duty of care to not just Mrs. Henderson, but any customer.
Yes, Office Mart’s negligence did cause Mrs. Henderson’s injuries.
Yes, Mrs. Henderson would be successful in her claim.
ANALYSIS
In Robinson v. Trade Link Am., 2007 NY Slip Op 3116, 39 A.D.3d 616, 833 N.Y.S.2d
243 (App. Div.), it is stated “A property owner will be held liable for a slip-and-fall
accident involving snow and ice on its property only when it created the dangerous
condition which caused the accident or had actual constructive notice thereof.” At the
time of the accident of Mrs. Henderson, the manager had reprimanded her associate for
“not getting the salt put on the sidewalk two hours ago.” Further, Lenti v. Initial Cleaning
Servs., Inc., 2008 NY Slip Op 5329, 52 A.D.3d 288, 860 N.Y.S.2d 42 (App. Div.) states
“The mere presence of ice does not establish negligence on the part of the entity
responsible for maintaining the property. Rather, plaintiff must present evidence from
which it may be inferred that the ice on which he slipped was present on the sidewalk
for a long enough period of time before the accident that the party responsible for the
sidewalk would have had time to discover and remedy the dangerous condition.” The
employee of Office-Mart failed to address their obligation to remedy the black ice with
salt for two hours.
Additionally, Office-Mart has a duty of care to reasonably maintain safe conditions in all
circumstances to prevent the likelihood of injury. Office-Mart did not post any warnings
of the icy condition, even though they were aware. Mrs. Henderson was a business
patron, and because of this she is considered an “invitee.” Businesses like Office-Mart
owe a duty of care to their “invitees” to warn them of any hidden danger if they are
unable to provide a reasonably safe condition, Office-Mart failed to do so. See Basso v.
Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868 (1976)
Finally, even if Office-Mart denies knowledge of the ice that caused Mrs. Henderson’s
injuries, there are two other incidents involving negligence for black ice at the same
store location to show knowledge of this issue.
CONCLUSION
To prove negligence in New York State, one must prove Duty, Breach of Duty, Cause in
Fact, Proximate Cause and Damages. Mrs. Henderson can show all of these, and
should have no trouble winning in her suit against Office-Mart for her personal injury
claim.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_________________________________________________X
Bella Henderson,
Plaintiff, Index No.:
-v- NOTICE OF MOTION TO
Office-Mart, Inc., COMPEL
Defendant,
_________________________________________________X
To: Office Mart,
Pursuant to local rules, Plaintiff hereby moves the Court be compelled to respond to
Discovery based on the following facts:
1. Discovery was filed on June 1, 2016.
2. The Plaintiff’s Responses to Discovery were not received on July 10, 2016. To
date, no Response has been received from Defendant.
3. A good faith effort has been made to recover the Defendant’s Responses. On
July 10, 2015, counsel for the Plaintiff requested in writing to Defendant’s
counsel for a response, noting that if responses were not received 30 days after
service of Discovery, a Motion to Compel would be filed.
4. The Defendant has refused to provide responses and has not indicated that he
will provide such information.
Since the Defendant has refused to respond in a timely manner, the Plaintiff moves the
court to compel the Defendant to respond to the Discovery requests.
WHEREFORE, PLEASE TAKE NOTICE, PLAINTIFF will move this Court located at
New York Supreme Court, County of Erie, Honorable Patrick Scolaro presiding, Part 11,
on the 1st, day of October, 2016, at 10 o'clock a.m., or as soon thereafter as can be
heard for oral argument: and for such other and further relief as this Court deems just
and proper.
Dated this 24th day of
August, 2016.
Attorney Name
Address
Address
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_________________________________________________X
Bella Henderson,
Plaintiff, Index No.:
-v- AFFIDAVIT IN SUPPORT
Office-Mart, Inc., OF MOTION
Defendant,
_________________________________________________X I, Susan Chase, Counsel for Plaintiff make the following affirmation under penalty of
perjury:
1. I am Counsel for Plaintiff in the above-entitled action and respectfully request the
Court issue an order compelling the Defendant to respond to all outstanding demands
for discovery within 30 days upon service of this order.
2. The reasons I am entitled the relief I seek are set forth below.
3. June 1, 2016 defense counsel was served with a demand for a bill of particulars in
N.Y. C.P.L.R. Law § 3042.
July 10, 2016 Defendant’s compliance or answer still was not received. N.Y. C.P.L.R.
Law § 3124 provides the right to file this motion to compel.
In compliance with the above statutes I have filed a notice of motion to compel, 22
N.Y.C.R.R. §202.7(a) and memorandum of law stating the reason the information is
sought.
4. I declare under penalty of perjury that the foregoing is true and correct, to the best of
my knowledge, information and belief.
Dated this 24th day of October 2016
Signature of Attorney
Name of Attorney
Address
Address
MEMORANDUM
To: Supreme Court for New York, Erie County
From: Susan Chase, Counsel for Plaintiff
Date: August 24, 2016
Subject: Henderson v. Office-Mart, Motion to Compel
QUESTIONS PRESENTED
Was Office-Mart negligent in providing a duty of care to Mrs. Henderson?
Did the negligence of Office-Mart cause Mrs. Henderson’s injuries?
SHORT ANSWERS
Yes, Office-Mart does owe a duty of care to not just Mrs. Henderson, but any customer.
Yes, Office-Mart’s negligence did cause Mrs. Henderson’s injuries.
STATEMENT OF FACTS
On January 15, 2014, Bella Henderson slipped on a patch of black ice and fell on the
sidewalk in front of Office-Mart located at 150 Niagara Falls Boulevard, Amherst, NY
14226. The manager assisted Mrs. Henderson while reprimanding an employee named
James for not putting salt on the sidewalk two hours prior to Mrs. Henderson falling. An
accident report was filed by the store that Mrs. Henderson signed but did not receive a
copy.
Mrs. Henderson sustained injuries which require ongoing medical treatment, surgery,
and constant pain. Mrs. Henderson sustained a bi-malleolar fracture to her right ankle
which was severe enough to require surgery that consisted of having plates and screws
inserted into her right ankle.
Mrs. Henderson has incurred extensive medical bills as a result of this accident. She
has missed much time from work. Mrs. Henderson’s orthopedic surgeon is uncertain if
her ankle will ever return to 100% of its original state prior to the accident as she
continues to suffer from significant pain and limited range of motion in her right ankle.
She may also require further surgeries.
DISCUSSION
In Robinson v. Trade Link Am., 2007 NY Slip Op 3116, 39 A.D.3d 616, 833 N.Y.S.2d
243 (App. Div.), it is stated “A property owner will be held liable for a slip-and-fall
accident involving snow and ice on its property only when it created the dangerous
condition which caused the accident or had actual constructive notice thereof.” At the
time of the accident of Mrs. Henderson, the manager had reprimanded her associate for
“not getting the salt put on the sidewalk two hours ago.” Further, Lenti v. Initial Cleaning
Servs., Inc., 2008 NY Slip Op 5329, 52 A.D.3d 288, 860 N.Y.S.2d 42 (App. Div.) states
“The mere presence of ice does not establish negligence on the part of the entity
responsible for maintaining the property. Rather, plaintiff must present evidence from
which it may be inferred that the ice on which he slipped was present on the sidewalk
for a long enough period of time before the accident that the party responsible for the
sidewalk would have had time to discover and remedy the dangerous condition.” The
employee of Office-Mart failed to address their obligation to remedy the black ice with
salt for two hours.
Additionally, Office-Mart has a duty of care to reasonably maintain safe conditions in all
circumstances to prevent the likelihood of injury. Office-Mart did not post any warnings
of the icy condition, even though they were aware. Mrs. Henderson was a business
patron, and because of this she is considered an “invitee.” Businesses like Office-Mart
owe a duty of care to their “invitees” to warn them of any hidden danger if they are
unable to provide a reasonably safe condition, Office-Mart failed to do so. See Basso v.
Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868 (1976)
Finally, even if Office-Mart denies knowledge of the ice that caused Mrs. Henderson’s
injuries, there are two other incidents involving negligence for black ice at the same
store location to show knowledge of this issue.
CONCLUSION
To prove negligence in New York State, one must prove Duty, Breach of Duty, Cause in
Fact, Proximate Cause and Damages. Mrs. Henderson can provide these provided
Office-Mart comply with our demands for discovery. Knowingly withholding this
information from discovery is preventing Mrs. Henderson from a fair trial caused by
Defendant’s lack of compliance. A motion to compel, an attorney’s affidavit in support of
motion and this legal memorandum has been filed as a result.
-------------Original Message-----------------
TO: Susan Chase [mailto:[email protected]]
FROM: A. Paralegal [mailto:[email protected]]
DATE: April 16, 2016
SUBJECT: Henderson Trial Notebook Memo
I have been asked to prepare the Trial Notebook in regards to Mrs. Henderson’s suit
against Office-Mart for personal injury. Below are my findings.
QUESTIONS PRESENTED
What items are needed in our trial notebook to best defend Mrs. Henderson at her trial?
SHORT ANSWER
Pleadings, motions, and discovery responses
Exact details of everything that had happened at time of incident
Witness list
Chronologically ordered medical records
Legal research including copies of all cases in comparison to our case
Trial exhibits and a list of all trial exhibits of Plaintiff and Defendant
Juror profiles and instructions
Outline of trial
Attorney Notes
Blank papers for notes during trial
To do list
STATEMENT OF FACTS
Discovery is now complete in Mrs. Henderson’s suit against Office-Mart. Office-Mart
was denied summary judgement, which they are appealing. Despite the fact Office-Mart
is appealing, we are moving forward with trial. Jury selection is scheduled for June 4
and the trial begins on June 7 with Honorable Judge Scolaro presiding. I have been
asked to prepare this memo to identify and describe what needs to be in the trial
notebook to best present Mrs. Henderson’s case to the jury.
DISCUSSION
In the trial notebook we need all communications that have been filed with the court and
motions and answers from either of the parties. To be more specific we need to have in
chronological order the summons and verifications of service, the complaint, discovery
demands, motion to compel, and any other legal communication. This information will
be first in the notebook.
Next we need an exact detailed list of everything had had happened at the time of the
incident, and anything else related to the accident thereafter. Details that could be listed
after the facts of the incident could be times Mrs. Henderson had surgeries, attended
medical appointments, or any other complications related to the injury.
Part of listing details of what happened, may also include witnesses. A list of witnesses
should be included in the event we need to question a particular witness during trial. If
there had been depositions from those witnesses, those also should be attached.
Complete chronological medical history of Mrs. Henderson to show injuries she
sustained, and all medical bills related to Office-Mart’s negligence. These may also be
needed by the Judge, so it is best to make copies should we decide to give to the court
for proof of actual monetary damages. These are also used as evidence.
Legal research conducted on behalf of our client, including additional copies of these
laws for the other parties involved and the judge. The three case laws we need to
include are Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S2d 564 (1976), Robinson v. Trade
Link Am., 39 A.D3d 616, 833 N.Y.S2d 243 (2d Dep’t. 2007), and Lenti v. Initial Cleaning
Servs., Inc., 52 A.D.3d 288, 860 N.Y.S.2d 42 (1st Dep’t. 2008).
Trial exhibits of our client and the defendant should be next in our notebook and they
should be clearly marked as exhibits. I would also make copies of these as well. It is
always best to have the original in case the court requires it, but copies in case anyone
needs a copy.
Juror profiles and instructions are next in our notebook, and that is required to know
what will be admitted as evidence or not, or to make sure all burden of proof is shown in
court. The best trial is a trial that is properly and adequately researched and proven as
much as possible with everything needed to arrive with a favorable outcome for our
client.
An outline of the trial is needed because it is similar to a schedule. The trial calls
different witnesses and asks for different things at different times throughout the course
of a trial and it’s always better to be prepared than being disorganized.
Next in our notebook we need all of the lawyers notes and any intra-office
communication as extra reference points.
Lastly in our trial notebook, we have blank paper and a to-do list. At trial we may think of
a question we wish to have more clarification on, we use the paper to write it down as a
reminder. A to-do list that is handy can also serve as a reminder for important things we
need to do. An example would be noting an adjournment because the opposing counsel
is sick, but one more document from the surgeon may be needed for example, the
lawyer would write that down, and also to send notification to parties notifying them of
the adjournment.
CONCLUSION
In layman’s terms, the trial is the big finale. The better the organization, accuracy and
completion of all the required forms of proof in regards to a client, we can have the best
favorable outcome for our client. A complete trial notebook is vital to our client and our
firm as well.
Chase & Hsu, P.C.
100 Main Street
Buffalo, NY 14020
October 23, 2016
Mrs. Bella Henderson
150 Main Street
Buffalo, NY 14020
Dear Mrs. Henderson:
It was a pleasure to meet with you yesterday and I am looking forward to working with you. I wanted to write a letter to you to explain the process of filing a civil lawsuit. I find this important to my clients because there are many steps involved with filing a lawsuit and how a lawsuit proceeds through the legal system and I like to be sure my clients are well informed. If you have any questions, please do not hesitate to call me at (000) 000-0000.
Initiation of Litigation
As you are aware, we conducted your client interview yesterday to gain knowledge and facts regarding your personal injury claim. The information you provided is used to draft a complaint. A complaint is a formal allegation in which is filed with the court requesting the court to make a determination in what type of relief is available to you for your injuries. (usgov, n.d.)
Available Relief
There are different categories of relief the court could award in your case and I will explain more in detail about each of the different types.
Special compensatory damages are to reimburse for monetary damages such as medical bills, future medical bills, loss of income, loss of future income and even household expenses. Monetary in legal terms means actual cost expenses.
General compensatory damages are to reimburse for non-monetary damages which would include pain and suffering or mental anguish. These are non-monetary because
these damages do not have a dollar amount on them, but are still damages in which were suffered and are due to you for your injuries.
Finally, are punitive damages. Punitive damages are paid as a punishment to teach the wrongdoer a lesson. It is meant to prevent them from making the same mistake again. (Goguen, n.d.)
Progression of Case Through Litigation
After the complaint has been filed with the court, the defendant is required to answer the complaint within 20 days after receiving the complaint with their answer. Answering a complaint means the defendant either admits or denies each separate allegation in the complaint.
In most cases the defendant denies the allegations and the responsibility is ours to prove our side is true. This then leads us to the fact-finding and discovery process. (findlaw, n.d.)
Discovery Process
During the discovery process we file motions for discovery. Discovery demands ensure the necessary documents are submitted to the court to better prove your case for a more successful outcome. An example of an item we would demand discovery for would be the accident report filed by Office-Mart on the day of your injury. It is a document in which you were never given a copy of, but is very important to prove the injury did happen, the details, and even the names of the employees should they have to testify at trial.
Motions that may be Filed
Sometimes during the discovery process, the defendant refuses to submit discovery items, or they may argue other issues to try to escape from being sued. Should this issue arise in our case, there are different motions we can file on your behalf to ensure your case is fair and based on all information available. An example would be if Office-Mart was asked to provide the accident report from the date of your injury and did not respond. Our firm can file a motion to compel. What this means is if the defendant does not produce the evidence we are requesting, the judge can make a decision on your behalf simply because the defendant refuses to comply with an order.
In many cases, when all required information is received and is reviewed, and the lawyers have had time to compare facts and proof, a decision can be made between the parties before going to a trial. Lawyers research laws very closely and use all evidence to arrive at a fair conclusion. Many people know and understand court trials are very expensive, and prefer to solve issues and save money as well if possible before a trial. (findlaw)
Alternative Dispute Resolution
Alternative dispute resolution is another option sometimes used to avoid going to trial. If all of the evidence is presented and both of the parties lawyers believe there could be a resolution, this is a great option. During this process both parties usually talk to a mediator. A mediator goes back and forth between the parties and tries to come to an agreeable compromise between the parties. If an agreement is favorable, this agreement can be presented to the judge and is finalized with the court. Should this option not work, then the case goes to a trial.
Trial
Should your lawsuit go to a trial, here is some information about what happens. Witnesses are ordered to testify, evidence is presented, both lawyers present their sides with facts and applicable law. Trial can be in front of a jury or only before a judge. Both attorneys present their cases and the decision is decided upon by the judge or jury.
If the trial is before a jury and you feel the jury is wrong in their decision, a motion can be made to set aside the verdict. What this means is you will not accept the jury’s decision and you are asking for the judge to review all of the testimonies, evidence, and anything else that was presented at the trial for his decision. In the event the outcome still is not favorable to you, and feel the judge has made a mistake, the judge’s decision can be appealed.
Appeal
In the event a verdict or decision is rendered in which is not favorable and you feel the judge has made a mistake, an appeal can be filed. The appeal needs to be filed within 30 days from the date the order was made by the judge at the trial. An appeal is not a new trial however. An appeal is where a higher court, in this case, The Court of Appeals reviews everything from The New York Supreme Court and make their finding based on all of the evidence previously presented. The Court of Appeals merely just reviews all of the information to ensure the decision is in accordance with all of the laws and is fair and just.
I hope I have explained the civil litigation process and what to expect during the duration of your lawsuit to give you a better understanding. If you should have any questions or concerns, please feel free to contact me at (000) 000-0000 and I will be more than happy to answer any questions you may have.
Sincerely,
Attorney Signature
Susan Chase, attorney
References
Civil Case Flowchart. (n.d.). Retrieved from http://www.ksd.uscourts.gov/civil-case-flow-
chart-2/
Stages of a Civil Case. (n.d.). Retrieved from http://litigation.findlaw.com/filing-a-
lawsuit/stages-of-a-civil-case.html
Goguen, David. (n.d.). Types of Compensation in a Personal Injury Case. Retrieved
from http://www.alllaw.com/articles/nolo/personal-injury/types-of-
compensation.html#
Reflection
During the completion of this Civil Litigation class we have learned about personal injury
claims and different steps in the litigation process from start to finish. Some of the things
we learned more in depth about was how to draft a motion to compel, furthered our
legal research skills, practiced more with writing various legal memorandums and
learned about what is needed in a trial folder and what happens at a trial. We also
briefly learned about how to appeal a decision. This information is very valuable to know
in my future career as a paralegal because I will need to know how to do all of these
different areas.
I can apply what I learned in this class to be more successful in the workplace because
it is always better to have more knowledge about the type of work you will be doing
when you start working because it allows you to be far more productive because you
are familiar with the process and how to do certain tasks.
My thought process in regards to how I complete my portfolio projects is to understand
sometimes even if you research all day, don’t restrict yourself to only thinking within a
certain parameter. Sometimes you also need to look around, “outside of the box” so to
speak. Don’t block yourself in when learning, and don’t limit yourself. Learning more
never hurt anyone, it only helps. I recommend learning as much as you can, and even
learn more when it isn’t required because it will only help you more in the long run.
If I were to complete similar projects in the future the only difference, I might do
differently is to possibly work ahead on my project. I was sick for a couple of weeks
during this session and had to rush through a lot of my work. Although my grades were
still good, I was very dissatisfied because I know it was not my best work. If I were to
work ahead on the project next time, I could feel more confident in the quality of my
work and should an issue arise where I was sick, I would be able to better handle the
stress better because a lot of the work would have already been completed ahead of
time.
The advice I would give to a new student just starting this project is to always do more
research than is required because when you learn more than is expected, you gain a
better and more in-depth understanding of the task at hand. This allows you to feel as
though the work is easier, when in fact it isn’t. It is just you have a far better
understanding of your topic.
We have fulfilled all of the course outcomes. Every class we take we learn more which
builds more extensively onto what we already have learned. We learn how to draft
different legal documents, further our practice with various legal memorandums using
the correct legal terminology. We regularly use Lexis and other resources to locate law,
and analyze the law. We learn more about ethics, responsibilities and our limitations as
paralegals each class we take. All of the skills we have learned in this course further
build and expand on our paralegal skills in which we will use in the legal field after we
graduate.