Everyone has an opinion about personal injury litigation. Many people feel that the right to sue for injuries should be severely limited in hopes that insurance costs will decrease. Others fear that legislation enacted to restrict the right to sue will make big business, the insurance industry, and medical practitioners less accountable to the public. They also fear the loss of financial compensation for injuries caused by a negligent or careless act. In this book, I examine every aspect of personal injury litigation, from attracting new clients to jury trials, and beyond. The personal injury laws vary from state to state and between state and federal court. Since 1983, I have been a trial lawyer in Pennsylvania and New Jersey. Much of the information presented involves those experiences. The law in your state may be different. Nevertheless, there is much uniformity throughout the states. The information in this book can be used by personal injury litigants and their counsel in any state. You may have to refer to local sources for the law or practice that applies to your situation. The law is dynamic and ever-changing. It is flexible enough to accommodate a changing world. When the first automobile accident lawsuit was filed, the judge was not deterred by the fact that there were no automobile laws for guidance. The judge simply looked to the legal logic of horse-and-buggy cases. Similarly, when new technologies cause injuries in the future, the law will evolve to accommodate this. The federal and state legislatures constantly pass new laws. The courts rule every day on disputes that require interpretation of new laws and old. When a court decides a dispute, the court's ruling becomes precedent for the future. In other words, the interpretations that the judges dispense become the laws by which future litigants can be guided. This concept is known by the Latin term stare decisis. Sample Forms and Worksheets A book like this one cannot possibly include every procedural requirement of every jurisdiction in our country. The sample forms provided are general in nature, but are designed to give you a good idea of the types of forms that are used in most locations. Your state, county, and/or judge will have rules and forms that are not included in this book. Check with the court clerk and/or court website for your case to review any local rules and forms that apply. Often, such forms require the same information as the forms in this book, and are merely laid out differently or use slightly different language. You must follow the court's rules and use its forms. When those forms conflict with mine, use theirs.
About the Author: Evan Aidman is the founder and principal of the Law Offices of Evan Aidman. Mr. Aidman received his Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Scholastic Honor Society. He graduated with a 4.0 average. He received his Juris Doctor degree from the University of Pennsylvania Law School in 1983. Mr. Aidman began his legal career as a law clerk to the Honorable Samuel M. Lehrer of the Philadelphia Court of Common Pleas. After five years as an associate in various law firms, Mr. Aidman hung out his own shingle. He has practiced as a trial lawyer ever since. He is on the editorial board of Verdict Magazine, a publication of the Philadelphia Trial Lawyers Association. Mr. Aidman has served as an adjunct professor at Peirce College where he taught Civil Litigation. He has lectured extensively on topics connected to personal injury litigation, most recently addressing Drexel and Temple Law students on the topic of opening a personal injury practice. Mr. Aidman is licensed to practice in Pennsylvania and New Jersey. He won a $1.5 million verdict in 2003 for a wrongful death claim arising out of a bar room shooting. He reached a 7 figure settlement in February, 2012 in a wrongful death/dramshop action. He has achieved many other six-figure settlements. He is currently working on the Philadelphia Amtrak Derailment Litigation. Mr. Aidman has written six books for lawyers and litigants. Winning Personal Injury Cases, A Practical Guide for Lawyers is the newly updated edition. Sales for Mr. Aidman's books are approximately 11,000. Mr. Aidman receives daily inquiries from clients across the nation. When appropriate, he makes referrals to other attorneys from his rapidly expanding list of referral counsel. He carefully monitors those referrals and works with the referral lawyer throughout the case to ensure success. The typical cases handled by the Law Offices of Evan Aidman involve: -Automobile accidents -Fall-down accidents -Accidents at work -Vision and eye injuries -Hearing loss injuries -Brain injuries -Medical malpractice -Product liability (injuries caused by faulty equipment) -Food poisoning -Legal malpractice -Collection Mr. Aidman lives in suburban Philadelphia with his wife and five children.