Three Elements of the Burden of Proof

skd258517sdc

The reality is, it is extremely difficult for a plaintiff to prevail at trial. Your attorney will likely tell you, that, as a plaintiff, you have the burden of proving three elements in order for a jury to even consider awarding you damages. Think of it as a three-legged stool. If any one of the legs fail, the stool falls over and your case will most certainly fail. Those three elements are as follows:

Liability: The plaintiff must prove that the defendant was negligent or operated below a reasonable standard of care or otherwise committed wrongful behavior leading to plaintiff’s injuries.

Damages: Even once the plaintiff has proved the defendant was negligent, the plaintiff must also prove she has suffered injuries, damages or losses. For example, if a plaintiff were to say that a driver was negligently swerving all over the road and came within inches of striking the pedestrian plaintiff, there would rightfully be no case, because the plaintiff escaped injury and suffered no damages, despite the extreme negligence of the defendant.

Causation: Let’s assume you have proved liability and damages. Simply stated, causation is the link the plaintiff must prove connecting liability to damages. For example, if the plaintiff were to claim she suffered chronic back pain following an injury caused by the negligence of the defendant, but the plaintiff’s medical history indicated repeated complaints and treatment for chronic back pain before this incident, the defense would have a good argument that the plaintiff failed to meet her burden of proof regarding causation. This is not an automatic game loser for the plaintiff, but it does make her case more difficult for obvious reasons.

 


Click here to >>ORDER<< your copy of the Amazon Bestseller TODAY! 

Blank white book w/path

 

Leave a comment

Filed under Uncategorized

Takeaway #37

Periodically, your attorney will ask you to sign off on a form increasing your authorization for your costs he is allowed to advance in the litigation of your case. Early in your case, your cost authorization will likely be low,as there is little reason for your attorney to advance much costs. As the case proceeds, your authorization will need to be increased, to cover expert witnesses, deposition costs, medical records, etc. Finally, as you approach trial, your attorney will likely ask you once again to sign off on an increased cost authorization to pay for expert witness trial preparation fees, and testimony fees, demonstrative exhibits etc.

Takeaway #37

Keep track how costs are developing in your case. This will keep surprises to a minimum. As you approach settlement, knowing the cost will help you determine your “net” award, allowing you to make an informed decision.

Don’t be blindsided when the bill comes! Let Plaintiff 101 guide you every step of the way. Karen has made sure to include every process throughout a personal injury litigation and how to prepare for it.


Click here to >>ORDER<< your copy TODAY!

Blank white book w/path

 

Leave a comment

Filed under Uncategorized

Kind Words for #1 Amazon Best Seller, Plaintiff 101

This kind and honest feedback came in recently for Plaintiff 101 by Karen Mertes – it is inspiring that Plaintiff 101 is helping people such as Kathleen navigate the overwhelming world of personal injury litigation after traumatic accidents!

“Plaintiff 101 is an excellent resource for anyone in an accident needing to go through a lawsuit. An easy read and great advice  Even if you don’t think you will have to go through legal channels, I highly recommend it.  I didn’t think my accident was much of anything, but I ended up going through major surgery which affected my livelihood.

One thing that really helped me was knowing that I did not need to settle my case before surgery.  Sounds like common sense, right?  But when you have your lawyer present a number to you and gives you the option to sign off (which they are supposed to do) and you are not at all familiar with legal issues, you can be swayed.  After I said that no, I would wait till the surgery and the recovery, he fully supported my decision.  I am so glad I got (and read) this book before I went through the legal process.  If you or someone you know is overwhelmed with an accident, I highly recommend this book.” – Kathleen H.

plaintiff-101-cover-audio

Leave a comment

Filed under Uncategorized

Don’t Forget about Ladies’ Night Out Tonight!

IMG_5831Calling all professional women who are looking for a night of fun mixed with a little bit of networking—Don’t miss this ladies night! Ladies Night Out will  be on September 19th! Karen Mertes’ charity, Fulfill Your Destiny, will be participating with Plaintiff 101 and a couple other goodies! Grab your heels and join likeminded professionals while having a glass of wine – or two!

Leave a comment

Filed under Uncategorized

Don’t Miss the On Point Book Fair Tomorrow!

Don’t miss the 2016 On Point Book Fair tomorrow – Saturday, September 17th from 10am-9pm at Westshore Plaza! Come and join us for an amazing selection of books! Get inspired to become an author, or just enjoy a great piece of writing! Fun for all ages! Plaintiff 101 will be among the other amazing and inspirational books offered!IMG_5878


For those who are interested in owning Amazon’s Best Seller, “Plaintiff 101” as a valuable resource:

Click here to >>ORDER<< your copy TODAY!

Blank white book w/path

 

Leave a comment

Filed under Uncategorized

Plaintiff 101 is a #1 Amazon Best Seller & #1 Hot New Release!

Blank white book w/pathKaren Mertes’ Audio book & Kindle versions of “Plaintiff 101” hit #1 Amazon Best Seller & #1 Hot New Release on September 15th!  It’s a #1 Best Seller across all categories and mediums!
Get # 101 Audio verison today on Audible and Amazon today here!
Here is what some people are saying about Plaintiff 101 —
on October 25, 2015
 

The insurance companies defend personal injury claims as a business and they know what they are doing and how they can reduce the value of your claim. This is likely your first involvement in the legal system and you may be naive about what is ahead of you. So, please read this book and be prepared for battle, protect your rights and save your claim. Read this book today! This is important information for anyone involved in a personal injury claim. Karen and Michael lay out the hard facts of what an injured victim can expect from the insurance company defense teams, their lawyers, their doctors, and their investigators. This book is easy to read and full of valuable information. Anyone who reads this book can easily preserve or increase the value of their personal injury case by not making simple mistakes. How do I know? I am a veteran trial lawyer who has witnessed defense teams consistently shred innocent victims claims who made simple mistakes. Such things as giving a recorded statement, being tricked into doing something by an investigator who videotapes it and uses it against them. Mistakes like not going to the doctors, or failing to tell the doctors about prior problems. This book will guide you through the litigation jungle and save you stress, frustration and financial losses. Be prepared by knowing what to do to protect yourself.

plaintiff-101-1-hot-new-1-audio-2-kindle


 

Leave a comment

Filed under Uncategorized

Karen Mertes LIVE on That Business Show with Jamie Meloni at 8AM!

Don’t miss Karent Mertes on That Business Show with Jamie Meloni at 8AM! She will be talking about her book, Plaintiff 101, Fulfill Your Destiny’s upcoming events and the 2016 Author Awards and Book Gala! Exciting things you don’t want to miss!karen-mertes


For those who are interested in owning Amazon’s Best Seller, “Plaintiff 101” as a valuable resource:

Click here to >>ORDER<< your copy TODAY!

Blank white book w/path

 

Leave a comment

Filed under Uncategorized