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About Doctor Settlement
Expertise
27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.

Experience


Life Experience: 27 years of front line plaintiff's trial lawyer experience

Organizations:
American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association

Publications: (Click on Title to Read)
Statute of Limitations
Vehicle Accident
Accident--Adjuster
Demand Letters
Policy Limits

Education/Credentials: J.D. (Juris Doctor) 1977

Awards and Honors: I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
 
 
   

You are here:  Experts > Jobs/Careers > Lawyers > Personal Injury Law (Accidents/Slip & Fall) > update re: WHAT IS THE CORRECT PROCEDURE..

Personal Injury Law (Accidents/Slip & Fall) - update re: WHAT IS THE CORRECT PROCEDURE..


Expert: Doctor Settlement - 8/19/2008

Question
QUESTION: Dear Dr. Settlement:

    Recently, I received notification from the Court
of a scheduled Pre Trial Conf. to be on September 12, 2008.

As a Pro per Plaintiff (slip/n/fall) I wish to ask
the Court (in advance) to provide the following:

(1)   Chair with wheels/rollers - side arms
     (Due to my injuries, the use of such
     a chair will make it easier, and safer
     for me to move about when needed, during the
     Pre Trial Conf.

(2)   The assistance of an individual Court
     Bailiff, Assistant, or such other individual
     to help me to put files/paperwork/documents
     on the table prior to the hearing.
     (Due to my injuries, I am very limited
     in the use of my hands, wrists, fingers
     arms, back and legs, and can't lift more
     than a few pounds at any one time.

     The assistance of such an individual would
     allow me to access all of my files/papers
     without the need to try and lift/move them
     on my own, and will also help to eliminate
     delays of the proceeding.

Are these requests allowed?
How should I present them to the Court? (Notice / Request?)

Thanks as always for your time and expertise.

Sincerely,
Patricia

ANSWER: I put in a lot of effort in my last response, so I hope that it was of use to you regarding the attorney letter.

I have no idea about the local court procedures, but someone does, and that is the superior (or district) court administrator.

Your request is going to be delivered to that person in any event, so I would suggest that you simply phone her and discuss it with her.  She will have a solution in mind for you.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com


---------- FOLLOW-UP ----------

QUESTION: Thanks for the great suggestion! I contacted the
Admin for the Court, explained my requests/reasons for
and it is all taken care of!!

As for your prior response, indeed, you put a great amount
of time and effort into your comments and thoughts!  I'm
putting it all to good use believe me!!

Now, i'm doing my Memorandum - Points and Authorities
and am preparing ( as best as I can) for the Pre Trial
Hearing coming up in a few weeks.

Wouldn't be able to get through this mess without YOU!!!
THANKS for all of your time, effort, and understanding!


Answer
Thanks for your kind remarks, Patricia.

They will surely test you with a motion for summary judgment.  That means that given all due consideration to all of your facts, there is no issue of material fact of record upon which you can make out proof of a prima facie case.  

Hence, you will need to identify the elements of proof of your case.  For that go to three kinds of books.

One place you should go is the county law library.  Ask the court administrator again where it is.  

Go to American Jurisprudence 2nd edition, labeled AmJur2nd.  Look for some of your keywords in the index.  Get an idea of liability and make your affidavit or the witness' affidavit to incorporate some of their points of proof from the book.

So this book will give a summary of the law.  Next go to AmJurPOF which stands for Proof of Facts.  See if you can find an entry similar to what you will have to prove.

Third, since the "law" recited in these collections is mostly from other states, you will need to try for something in your state.  Hence, go to the librarian and ask him to show you how to research your own state law from a compendium of your law, usually this will be located at the end of the state statutes.  


Or, if you are lucky, then you will find a state digest of your state laws or a state index that should give you some starting information to track down the status of the law in your state.   The digest is the best one to find, inasmuch as it will have a good collection of state cases on any topic.  

Best wishes,

Dr. Settlement, J.D.
www.settlementcentral.com

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