Tag Archives: what to expect in personal injury cases

Karen’s ‘The Asset Map’ Checklists for Personal Representatives and Trustees when the tough time comes

fulfill-your-destiny-tree-text1-262817_960x332Karen’s Mom passed away very suddenly from a massive heart attack.  Karen was the executor, personal representative and trustee.  Combing the internet for resources to help, Karen didn’t find all that she needed so she created two checklists:

1) What to Do When Learning of the Passing of a Loved One

and

2) The Asset Map which helps you find the treasure in your business and personal life, map your assets, and prepare your family for financial freedom. 

Thank you to Independent Financial Services for licensing the right to use these two checklists to help all of their clients.  For more information, please view our Speaker Info tab and  contact Karen at karen.mertes@yahoo.com or karen@fulfillyourdestiny.org  to learn more.

 

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Latest Reviews for Amazon Best Seller “Plaintiff 101”

Karen Mertes Author

As Karen Mertes’ life hung in the balance after a tragic car accident caused by a drunk driver, she promised to spend the rest of her life helping others if she were to survive. Despite sustaining a traumatic brain injury, Karen Mertes is the founder and president of Fulfill Your Destiny, Inc., a 501(c)(3) non-profit dedicated to helping people whose careers have been altered by injury or other unforeseen circumstances. This book is to help other personal injury survivors contemplating litigation, or already involved in litigation. You should be able to navigate these troubled waters ever so slightly easier because of our experience and advice. We’re hopeful that plaintiffs’ attorneys will see the benefit of providing this book as a teaching tool to their clients so as a team you can win your case!

Check out the latest reviews on the Amazon Best Seller below!

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

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Difficult Roads often lead to…

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

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Preparing Your College Students for the Dangers of Drinking and Driving

We are less than a month away from the beginning of the fall semester for college students. As a parent you might be roaming Target for the perfect dorm room decorations for your soon-to-be or current college student, working out a budget for an allowance, and checking with your insurance company about your child’s car while they’re out of state. Wherever you’re at in the checklist – make sure that talking to your child about the dangers of drunk driving has been checked off. College students are guaranteed to host parties on and off campus – and where there is alcohol – bad choices are never far behind.

In “A Snapshot of Annual High-Risk College Drinking Consequences” by College Drinking Prevention — 1,825 college students between the ages of 18-24 die from alcohol-related unintentional injuries, including motor vehicle accidents.

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Karen Mertes has been a victim of a car accident at the hands of a drunk driver and endured a traumatic brain injury. She wants to raise awareness and offer advice to those fighting the battles she has in the past.


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

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

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Above quote excerpted from Plaintiff 101: The Black Book of Inside Information Your Lawyer Will Want You To Know.

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Do You Have the Jury on Your Side? Here are the facts about Burden of Proof!

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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! 

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Before You Post, Here is What You Need to Know about Your Litigation

Millions of us use some type of social media – whether it be Facebook, Twitter, Instagram or even a combination of the three. We are living in a time where you can access anyone with the touch of your finger tips. Some of us are more weary than others of what we share on social networks. But how do your public posts play a role in your personal injury litigation?

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I was actually very lucky that I did not have a social media before/during my personal injury litigation. After the case settled, it came to my attention that the defense team had combed the internet searching for information that they could use, but were unable to find any social media footprint. Trust me when I tell you that tan entire case can be lost with thoughtless statements on social media.

Takeaway #27

Stay off social media websites. Assume any statement or picture you add to your Facebook page or Twitter account will be examined by opposing counsel and introduced at trial. Also,  social media is an excellent aura for defense counsel to identify witnesses regarding your post-injury activities, which, if taken out of context, may prejudice a jury.


Whether its a minor fender bender, critical injury or fatality – “Plaintiff 101” is the go-to little black book full of tips, checklists and advice from my personal injury litigation that occurred after my car accident that left me with a traumatic brain injury.


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Are You Being Followed?

After my attorney told me to expect to be followed and videotaped, I never got used to the feeling that overtime I left my home, someone would be watching me with a video camera.I went about my business but it was a weird feeling thinking someone was possibly recording my every movement. Ultimately I just tried to put it out of my mind. But during these four years and two months in my case, I did stay home more than if I weren’t under such scrutiny.

With that being said, today I am sharing a Takeaway from my book, Plaintiff 101, that should help you understand why and how the defense will use surveillance tapes against you and how you need to handle it!

Takeaway #35

If the defense does produce surveillance videotapes, have your attorney’s office meet with your medical providers and experts, with tapes and monitor in hand to show them the actual activities. By doing so, you have taken away any element of surprise the defense attorney hopes to have during his examination of your medical treaters and other experts in deposition or trial. Physicians are independent by nature and will not appreciate defense investigators conducting surveillance on their patients. Even if they don’t like testifying at trial, this kind of stunt will usually energize a treating physician, motivating him to be an excellent advocate at trial or in deposition. Jurors do not love this form of investigation either. If the activities can be explained and justified by your treating physicians and experts, it will do serious harm to the defense’s case.

 


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

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

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