We believe in aggressive preparation of the clients engaged in litigation. We believe that the best prepared client along with the right facts make a world of difference in the outcome of any case. We go to bat for our clients.

We have dedicated this Web page to assist clients seeking assistance in various areas of law.

TORT/PERSONAL INJURY/WRONGFUL DEATH

Personal Injury claims arise from an accident involving an auto, product, airplane, and explosion or a watercraft.

Under the prevailing American System of law the victim needs to prove three prongs of any Claim:

               (a) Liability
               (b) Causation; and
               (c) Damages

Liability is the fault. If the person contending to be the victim is unable to prove fault, the Victim cannot recover, even though the injuries are horrific. However, if fault is established, the victim may recover.

California is a "Comparative Negligence" jurisdiction. If the negligent party is partially Negligent, let us say 15, 50 or 75% negligent and the victim is also partially negligent the Victim may still recover. The recovery, however will be limited to the percentage of fault of The negligent party or will be reduced by the percentage of negligence of the victim. For Example: A caused a collision and B is injured. B's damages are $100,000.00. A is 75% Negligent and B is 25% negligent. B will recover $75,000.00.

However such formula is not generic and the jury needs persuasion about the fault. Over The years we have seen juries very sensitive to the need of credible and deserving claimants. We have seen the following types of claimants generally rewarded by the jury:

               1. Honest.
               2. Hardworking
               3. positive and non malingering
               4. Sincere

The following type of claimants is generally disliked by any jury:

               1. Dishonest
               2. Malingering
               3. Insincere
               4. Compensation motivated, exaggerating.

The best cases are lost on claimants that ruin the opportunity.

II CASE PREPARATION

Case preparation is very important in every case. Lawyer and client must understand that the case is a joint venture and success will depend on the level of preparedness of the party.

III EXPERTS

Many cases are won or lost on Expert testimony. If your case needs an expert, you need a lawyer willing to put the financial and professional commitment to the case.

IV ATTORNEY SELECTION

Your attorney must be experienced in the field. You must verify the Trial experience of the lawyer. There are lawyers willing to bat for you if your case is worthy. Some are afraid of trials and financial commitments. This choice is critical to the end result.

All rights reserved - 2003. Law Office of Pius Joseph