The Law Offices of Charles A. Gilman

If you’re injured and decide to file suit, it can be tempting to handle the case yourself, especially if it’s a small matter or if it seems simple. After all, that way, you don’t hand over any portion of your settlement to a personal injury lawyer. In some cases, that may be an acceptable alternative, but we encourage you to think carefully before you make that very important decision. In most cases, a personal injury lawyer is worth every penny.

Understanding the Law

No matter how simple your case may seem, there are many, often subtle, nuances (and sometimes seeming conflicts) in the law. A seasoned personal injury lawyer is familiar with how those nuances play into a multitude of cases. Not only that, but they also may be aware of the little things that can turn even the simplest personal injury case upside-down.

The one thing you should never do is represent yourself when the person you’re suing has hired an attorney. This is even more true when the defendant’s insurance company has to be involved. Insurance companies have teams of lawyers to protect them from having to pay out claims. No matter how right you may be, their job is to protect their client, not you.

Negotiation

A lot of personal injury suits can be settled without ever going to court. This is actually one of the most important parts of an attorney’s job.

Personal injury lawyers are familiar with “going rates” for various types of settlements. They’ll know when you’re being low-balled and when a settlement is so generous it may mean there’s more to the case than the facts you have now. They also know when and how to ask for more (and when it might be prudent to take less).

To an inexperienced negotiator, $25,000 may seem more than fair, especially if it covers your current medical bills. In fact, it sounds like a lot of money. But if most cases like yours are settled for $50,000, that means there’s something you may be failing to take into account (ongoing medical costs, for example). It also means you’d have gotten more money with a personal injury lawyer even after paying them.

Past Cases

It isn’t all about what the law says. Personal injury lawyers are also familiar with how similar cases in the past have been decided by judges and juries. They’ll know how that will play into the settlement offer and how it affects your decision to settle or go to court. While it’s possible to do this type of research yourself, it’s time-consuming and as someone who isn’t immersed in the minutia of the legal process every day, you also don’t necessarily know what to look for.

Even Lawyers Get Lawyers

Experienced lawyers may write their own contracts or powers of attorney, but they rarely represent themselves in court. Much like doctors see other doctors when they have anything more than a cold or flu, they know they know that it’s best to get someone else involved when they’re going up against an attorney who’s specialized in that field.

How Do I Know When to Hire a Personal Injury Lawyer?

We can’t really advise you under any circumstances not to hire a personal injury lawyer, but what we can say is that you should at least talk to one first. At Charles A. Gilman LLC, for example, we offer a free one-hour consultation. Before you make the final decision about representing yourself, we encourage you to take advantage of it. We think you’ll be glad you did.

If you’d like to talk to us about your personal injury case before representing yourself, you can call us any time, day or night, at 866.676.7374.

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Most of the posts on this blog give you vital information you need to make an informed decision after you’ve been in an accident and need a personal injury lawyer. In this post, we’d like to discuss an increasingly important issue – texting while driving. Hopefully, the information in this post will convince you and your teens to avoid this highly dangerous activity.

According to the National Highway Traffic Safety Administration, distracted driving was responsible for 20 percent of  car accidents that resulted in injury in 2009. One of the most common distractions these days seems to be a smart phone.

You should never engage in any sort of distracting behavior while driving. But texting while driving is extra dangerous because of the additional concentration required to accurately hit those little keys. But we aren’t just talking about texting (using your cell’s data plan to send SMS messages) here. In the context of this article, we’re talking about any behavior that requires you to use your cell phone’s key pad to type a message – emailing, tweeting, Facebook-ing, etc.

Texting, Driving & the Law

As of now, there’s no national law prohibiting texting while driving. But you should be aware that some states (and even some municipalities) have banned the practice. The fines for this are often steep and the courts in many no-tolerance locations are unlikely to show compassion based on your circumstances (at the end of the day, you could have pulled over).

Legal or Not – Just Don’t Do It!

Maybe texting while driving isn’t illegal where you live. That doesn’t make it a good idea. Much like a drunk driver, thousands of people every day make the decision to take out their cell phones while they’re at the wheel of a moving car because “they can handle it.”

No, you can’t. Just because you haven’t been in an accident, yet, doesn’t mean it’s not coming. In a June 2009 study by Car & Driver, researchers found that reaction time and stopping distances for drivers who were reading a text message increased by an average of 36 feet. Those who are actively texting increased by nearly twice that – 70 feet.

Compare that to the average increase in reaction time for drunk drivers, which is only four additional feet. That means texting while driving is 17 times more dangerous than driving while intoxicated!

Tips for Staying Safe

• Unless you just get stuck in unexpected traffic, you usually know when you leave that you might be late. Call or text ahead before you leave your house.

• Give yourself an extra 15 minutes or so (depending on the area you live in) to arrive at any destination. That way, if there’s traffic, you won’t be tempted to text ahead.

• Teach your teens to keep their cell phones in the glovebox or in another place in their car that’s out of reach while driving (or even turn them on vibrate). Tell them they’re never to answer them or read or write a text while driving. Lead by example.

• Just pull over. If you just have to answer that important text, find a safe spot to park while you’re doing it. Remember, there’s no text or call you could get that’s more important than your life and the lives of those you may injure if you’re distracted and cause an accident.

If you’ve already been injured in an accident that involved texting or any other distractions while driving, call the personal injury lawyers at Charles Gilman LLC at 866.676.7374 for a free consultation.

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In our last blog, we talked about arbitration. This week, we’ll discuss another form of alternative dispute resolution, mediation. As we pointed out previously, the main difference between mediation and arbitration is that mediation isn’t binding, whereas arbitration usually is.

In mediation, a neutral third party (the mediator), helps the people in dispute negotiate their own fair settlement. They may at times make suggestions about potential fair agreements, but for the most part, they simply help you have an open dialogue with the other party. The goal is to help you reach a decision that both parties think is fair, unlike a court decision or arbitration, in which, often, neither party is completely happy with the outcome.

Many people mistakenly think that because the process is much more informal than a court proceeding, they don’t need a lawyer. This actually isn’t the case. While mediation doesn’t rely solely on the constructs of law (but is more interested in making sure both parties think the settlement is “fair”), an attorney is also an experienced negotiator and will advise you when the terms set forth may be less favorable than what he or she thinks you could get in a court of law so you can make an informed decision.

Why Would I Want Mediation?

Mediation happens on a specific schedule and structure. As such, even with the need to hire an attorney and pay your half of the mediator’s fees, the faster resolution and lack of court fees usually means less money out-of-pocket.

Another benefit of mediation is that it’s confidential. In most cases, mediators are prohibited from testifying in court against parties to their mediation, meaning you don’t have to worry about the negative impacts of the mediator’s testimony if the mediation fails and you have to go to court.

While your lawyer will continue to advise you of your legal rights, you aren’t bound by the decisions of the court or arbitrator (who are likely to prescribe remedies based on standing procedures for cases like yours). Because of that, it’s acceptable for one party to give up a right they would have under the law in order to gain another advantage they see as more favorable in their individual circumstances.

Once you’ve reached a decision, you’ll sign an agreement. These agreements are enforceable by the courts, but rarely need to be because both parties are happy with the results.

Why Would I Choose the Courts, Then?

A lot of people think mediation is the best solution because it’s inherently non-confrontational. Anyone who’s seen an episode of the TV show Fairly Legal knows that’s not necessarily the case. There are a couple of drawbacks to mediation that most mediators just can’t solve.

For instance, a mediator doesn’t usually have the resources to do a lot research looking for potentially hidden information. If the person you’re in mediation with is withholding information, mediation may fail or the final settlement may not be as fair as you think.

If mediation fails, you may have wasted money on the attempt and end up in court anyway. The mediator can’t make you come to an agreement. He or she can only help you reach one mutually.

The final drawback exists only for those who attempt to enter into mediation without legal representation. If one person is more passive than the other or if one person hires a lawyer and the other doesn’t, chances are pretty good someone will be bulldozed into a settlement they aren’t happy with, then become bound to it once they sign the agreement. The mediator can attempt to protect that individual, but they can only do so much. The final decisions you make in mediation are your responsibility.

How Do I Know What to Do?

Before you agree to mediation, call a qualified personal injury lawyer. At Charles A. Gilman LLC, we can evaluate your case and help you decide whether mediation might be right for you. If it is, we can be there every step of the way. If it isn’t, we can help ensure you get the settlement you deserve in court.

For a free consultation, call Charles A. Gilman LLC today at 866.676.7374.

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Arbitration is a type of alternative dispute resolution (ADR). Basically, it’s an alternative to settle a dispute outside of the court system. Many people confuse mediation and arbitration (or think they’re the same thing). While there are many similarities, the main difference you need to know for now is that in mediation, even if the mediator suggests a solution, the parties aren’t bound to accept it.

The decision of the arbitrator, however, is typically binding on both parties. Arbitration is most common in commercial and employment disputes. For instance, the contract you sign with your car dealer or your employer may contain an arbitration clause. It may also be mandated by state law in some circumstances. However, you can also enter into arbitration voluntarily.

Much like a personal injury case that goes to court, you should have an attorney present. They’ll be able to protect your rights and advise you about proper procedures.

Why Would I Want Arbitration?

There are several advantages of arbitration over court proceedings. First and foremost, in the United States, arbitration awards are just as enforceable as court decisions.

Moreover, it’s sometimes faster, less expensive and more flexible than litigation. You can also often have an expert appointed to arbitrate (whereas in the court system you get the judge you’re given), which is a big help if the details of your case are highly technical (for instance, in a medical dispute).

Additionally, because of an agreement signed by the United Nations, arbitration settlements are usually easier to enforce internationally. A bi-lingual arbitrator can even be appointed to ensure neither party is affected by a language barrier, which isn’t always possible in the U.S. court system.

Why Would Anyone Choose the Courts, Then?

Arbitration is pretty complex. Just because you aren’t in a courtroom doesn’t mean there aren’t legal processes at work. Additionally, plaintiffs who hire less experienced attorneys (or worse, no attorney at all) may find themselves at odds with a powerful lawyer when dealing with a company or corporation with more financial resources.

Also, since there’s rarely an appeals process in arbitration and the decisions are usually binding, there’s no recourse if you believe the decision was unfair or if new information comes to light afterward.

Depending on the terms of the arbitration agreement or clause, it can actually get pretty pricey if you have to pay your attorney and the arbitrator; and if a group of arbitrators are appointed, it may take just as long as litigation trying to work around everyone’s schedules. While it usually isn’t the case, there are arbitration agreements that prevent you from seeking attorney fees as part of your damages.

How Do I Know What to Do?

Arbitration agreements and clauses are one of the many reasons you should never sign a contract without reading it first. If you don’t know arbitration is required, you could waste precious time and money launching a lawsuit you’ll have to drop when the opposing counsel points out the arbitration clause.

Either way, the first step you should take is to call an experienced law firm like Charles A. Gilman LLC for advice. We can help you decide whether arbitration is right for you (if it’s optional) and advise you on how best to proceed if it isn’t. We’ll also be with you every step of the way, so you’ll never be railroaded by someone who’s more experienced.

If you’re considering arbitration or if you’re bound to it by a contract you signed, call the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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Consumer protection seems to have been the theme in Congress in recent years. They established the Consumer Financial Protection Bureau to take some of the burden of consumer protection from other agencies (like the FTC) through the Wall Street Reform and Consumer Protection Act. They also enacted the Red Flags Rule, which requires creditors to confirm the identity of the people with whom they do business in a more concerted effort to curb identity theft. However, these weren’t the first steps taken by Congress to protect consumers from unscrupulous creditors.

In 1978, Congress added the Fair Debt Collection Practices Act (FDCPA) to the Consumer Financial Protection Act. The purpose of this legislation is pretty straightforward: “to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.” (Source: Wikipedia)

The FDCPA is very specific about what creditors can and can’t do when attempting to collect on a debt, yet some creditors still engage in abusive and illegal practices. This may be the result of nefarious corporate policies at some debt-collection agencies or the result of over-zealous employees attempting to increase their collections numbers. In either case, the best way to protect yourself is to know what rules they’re supposed to follow.

Requirements

First, let’s look at what they’re required to do. They’re required by law to identify themselves as a debt collector in each and every communication, which is why the people you speak with have to give you that disclaimer each and every time you call or get transferred to a new person… as annoying as it is, cut them some slack. It’s the law, after all.

They’re also required to inform you that you have the right to dispute the debt (in full or in part). Once you do that, their’s a time-limit (30 days) on how long they have to respond and they’re required to notify the credit bureaus (Experian, Equifax, Transunion, etc.) that you’ve disputed it. They’re required to provide you with verification of the debt (whether in response to a request for verification or a dispute). They must also provide you with the name and address of the original creditor upon request.

In order to be covered by the typical 30-day response time, you must make the request formally in writing. While verbal requests may be accepted by some creditors, doing so may affect your other rights and their responsibilities to you (in fact, those who require a written request to take action are actually protecting your rights as much as their own).

If it can be proven that you owe the debt and you don’t pay, they’re allowed to sue you. However, they have to file the suit in the “proper venue.” That is, they have to file it in the state where you live or where you signed the contract (it will usually be outlined in your original contract where such a dispute is to be filed).

What they CAN’T Do

What debt collectors can’t do is harass you (more specifically, engage in “abusive and deceptive” behavior). The types of specific behavior that are prohibited range from annoyances to all-out abusive tactics, but no matter where it falls on the scale, they’re required to behave professionally within the confines of the law at all times. Specifically, debt collectors can’t:

• Contact you at any time that isn’t between 8 am and 9 pm local time.
• Contact you after you’ve requested in writing that they cease contact or refuse to pay the debt.
• Call you repeatedly or keep you in a phone conversation with the intention of annoying, abusing, or harassing you or anyone else who answers the phone.
• Contact you at work after you’ve asked them not to do so.
• Contact you when they know you’ve retained legal counsel to remedy the problem.
• Contact you after receiving written communication that you’ve requested that they verify the debt (until they’ve confirmed the debt as requested).
• Do anything that misrepresents the debt or uses deception of any kind to collect it.
• Publish your name or address on any sort of list that shows you have bad debt.
• Seek unjustified amounts, including any amount not specifically permitted by law.
• Threaten you with arrest or legal action that is not permitted or that they don’t intend to follow through.
• Use abusive or profane language.
• Discuss your debt with third parties other than your attorney. (They are allowed to contact neighbors or co-workers to locate you.)
• Contact you in any medium that might make the nature of your debt known (for example, by postcard).
• Report or threaten to report false information on your credit report.

Consumer Rights of Action

Currently, any debt collector who violates the FDCPA could face administrative action by the Federal Trade Commission (note that this oversight may later be taken over by the Consumer Financial Protection Bureau). However, The FDCPA has a provision known as “private right of action” (not all consumer protection laws do).

Private right of action means you’re allowed to sue a debt collector in state or federal court. Because the FDCPA is a “strict liability law,” you don’t have to prove actual damages. You can sue them for actual and/or statutory damages, court and attorney fees. Statutory damages are limited to up to $1,000 and as usual, attorney fees must be “reasonable.”

Before you decide to sue a debt collector, however, you should consult with an attorney. If the debt collector can prove the error was accidental and happened despite procedures they have in place to prevent it, they could escape penalty (this is known as a “bona fide error defense”). Further, if the consumer loses the lawsuit and it’s determined that you filed the case in bad faith in an attempt to harass the debt collector, you could be responsible for their attorney’s fees, which are likely to be quite pricey.

I Think I’ve Been the Victim of an Unscrupulous Debt Collector. What Do I Do?

Call a personal injury lawyer. Don’t attempt to contact the debt collector yourself. If they truly are unscrupulous, they may try to get you to say something (which they’re recording) that later tanks your case. If it really was just a miscommunication or bona fide error, your attorney will work it out long before you go to trial. Remember, you can always call the law offices of Charles A. Gilman LLC at  866.676.7374 for a free consultation.

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A lot of people seem to think a personal injury lawsuit is a way to make a lot of money fast. Filing a personal injury lawsuit just isn’t a good way to make a quick buck, though. Not only are many of the awards in personal injury lawsuits simply a way to put things right (make sure the plaintiff gets back money they lost as a result of someone else’s negligence), but some can take months or even years to resolve.  It may seem counter-intuitive, especially if the facts you read make it sound like an open and shut case, but that’s just not how it works. It can be really frustrating for someone who has a legitimate case, especially when their monetary need for the judgement is high. But it’s important to have patience with the process – some things take time. Here’s how it works and why it takes so long.

Your Body is a Sensitive Machine

The first step to determining whether you even have a case is to let a doctor determine the full extent of your injuries. While the fact that you’ve been injured may be clear to a six-year-old, the doctor has to determine a lot more than just the fact that the injury exists. For the purposes of your case, they need to be able to tell us whether your injuries are short-term, long-term or permanent and what additional care you may need in the future, if applicable. If you’re seriously injured, they may not be able to give us that information until your condition is more stable. And since you can’t go back and ask for more money later, we simply may have to wait until your doctor can give an accurate opinion.

Going Through the Motions – Stages of the Judicial Process

While we may be able to start some proceedings before the doctor is completely finished, the court system has a basic outline of how these things happen. You can’t skip steps or take shortcuts. While you may be the injured party, the defense has rights, too. Besides, theses procedures are in place to help you, too.

Step 1: Discovery

Discovery is just what it sounds like it is. It gives each attorney time to go over the relevant facts, gather evidence, disclose evidence to the other attorney (as required by law), and interview witnesses and experts. It’s basically a fact-finding mission. This can take as long as six months (maybe longer) by itself.

Step 2: Depositions

During the deposition process, each side will give testimony under oath about what happened. For you, this will include questions about your injuries and your health. Your attorney will prepare you for the deposition and defend you during it (by objecting to questions that aren’t relevant or may be harassing). See our blog on preparing for depositions here.

Step 3: Pre-Trial Motions

Each attorney will likely file one or more pre-trial motions in an attempt to set boundaries for the trial. Either attorney may ask for evidence to be excluded, that a witness be deemed incompetent or biased or any other item that might later define what evidence and testimony can be used.

Step 4: Possible Mediation, Arbitration  & Settlement

In some cases, you may be required by law to attempt to settle the matter out of court through mediation or arbitration. (You may also wish to exercise one of these options voluntarily if you’d prefer to stay out of court.)

Mediation is when someone (a neutral third party) goes over the evidence and helps you reach a mutually acceptable agreement. Arbitration is similar, but the arbitrator is more like a judge and actually decides issues in the case. If this is successful, a settlement is reached and you don’t go to court.

Step 5: Trial

If you’re not able to reach any kind of settlement, you’ll have to go to court. This is where the time can really rack up. It could take six or more months just to get on the court’s docket (schedule). If your case is simple, it might last only a couple of days. If not, it could be weeks.

Step 6: Appeals

If someone disagrees with the verdict, they may have a case for appeal. In order to appeal, you have to show that a legal error was made by an attorney or the court itself, but that’s often easy to do in complex cases. If an appeal is successful, the whole process starts over with more pre-trial motions (perhaps even further back than that).

Can You Give Me A Timeline?

Your personal injury lawyer can give you a best guestimate of how long it may take, but we’re not psychic. We can give you tips to arrange for legitimate ways to help you pay for your medical bills until your case is settled if you need it. But it’s best not to rush things. You’ll have more bargaining power if the defense doesn’t think you’re in a hurry. If you’re not sure how to proceed, call the law offices of Charles A. Gilman LLC at  866.676.7374 for a free consultation.

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If you’ve recently been the victim of an accident that was someone else’s fault, you know all too well the financial burden: expensive medical bills combined with lost wages from an inability to work can devastate many families… even those who were previously financially secure. One of the solutions that’s popped up on television recently is something called “pre-settlement funding.”

As you probably guessed, pre-settlement funding is a way of funding against the outcome of your case. Basically, a company advances you money while you’re in the middle of the lawsuit (before a settlement has been reached) to help you pay your medical and other bills you may be behind on as a result of the accident. But there’s a catch. We aren’t saying pre-settlement funding is a bad idea, of course, but it’s not the end-all-be-all solution to all your financial woes.

It’s Expensive

Obviously, it costs money to borrow or be advanced money from someone else (that’s how the people who make loans and advances make money). When a lender lends money, they charge you interest (in a car dealership, this is known as APR, or the annual percentage rate, if you’re more familiar with that). For a regular loan, the amount of interest you pay is based on a number of factors – your income, credit history, current amount of debt, etc. –  that help the lender mathematically judge (based on years of previous data) how big a risk they’re actually taking by giving you money up front.

People who have lower credit scores, for example, usually end up paying a higher interest rate than those who have higher credit scores (because your ability to pay back your bills on time is the single biggest determining factor of your credit score). People with lower credit scores are simply a bigger risk, so they get charged more. It would be wrong to call it simple, but it makes sense.

Pre-settlement funding, however, is a huge risk for the companies who provide the money. Pre-settlement funding isn’t actually a loan. It’s an investment. They’re providing you with a cash advance (not a loan) in exchange for a portion or percentage of the settlement. They have no idea what your settlement will really be (or whether or not you’ll even win). If you don’t win, they get nothing (big risk). But the flip-side to that is, they’ll take a higher percentage (than a regular loan) to mitigate that risk.

How Much Does It REALLY Cost?

A reputable pre-settlement lender probably wouldn’t even approve you for an advance if they didn’t realistically think the risk was worth it. Because of the risk involved, they do have to evaluate your case (with the help of your attorney in some cases). That’s the easy part. However, their risk isn’t the same as your risk.

Some companies will fix the fee up front. Others may charge a percentage (sometimes as high as 15 percent) for each month you borrow the money (that is, until your case settles and you repay them). This can be a problem if your settlement is lower than expected or if your case lasts longer than expected (some personal injury cases can last years). If you are advanced $5,000 expecting a $10,000 settlement and the settlement is $8,000, with the fees associated with your agreement with the pre-settlement funding company, you could walk away with only a few hundred dollars in your pocket (if that).

Is Pre-Settlement Funding Worth It?

Pre-settlement funding should be considered a last resort. If you have other ways of making ends meet (taking out a loan or a reasonable second mortgage), that may be a better option. But pre-settlement funding is often a better alternative to losing your car or your house. So how do you know if it’s worth it?

The short answer is, ask you attorney first. Your attorney can’t give you financial advice, of course. But they deal with these companies frequently and can give you (and your financial advisor at your request) direction. If you’re already a client of Charles A. Gilman LLC  and need pre-settlement funding or if you’re looking for an attorney who can take your personal injury case and give you reasonable advice on pre-settlement funding, call 866.676.7374 for a free consultation.

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In the United States, most personal injury lawyers work on what’s called a contingency fee. That means that we get paid when you get paid (and if you don’t get paid, neither do we). Most personal injury lawyers take a percentage of the total award.

Some clients are wary of contingency because they wonder what’s in it for us. If a lawyer is willing to go into a case without charging several hundred dollars an hour, there has to be a catch, right? Your skepticism is understood. And if you’re going to hire a personal injury lawyer on contingency, you have the right to know how it works.

Why Would We Do That?

If you went into work and were told you’d only be getting paid if the project you were working on made the company money, you’d probably walk out… especially if you knew you were only getting a small portion of the money and that it would be years before you knew whether you got paid at all. And that’s fair. But personal injury attorneys have other considerations, which is why contingency has become the standard, rather than the exception.

Personal injury cases often require a lot of time and may last years. Many clients who very much deserve good representation wouldn’t be able to afford an attorney if they paid hourly (especially since many of our clients have faced financial setbacks in the form of lost wages due to the accident or high medical bills).

Additionally, some personal injury cases are against large corporations with several high-dollar hourly attorneys on staff. If you had to try to fight them on equal financial footing, it’s unlikely those companies would ever have to face their day in court. By working on contingency, personal injury lawyers give you access to a qualified legal staff without the up-front cost paid by big companies.

I’m not trying to make the case that we do it because we’re saints. But if we had to wait for people who had the money to be able to sue, we wouldn’t have as many clients, either. Contingency fees benefit the client and the lawyer, and at the end of the day, the justice system.

What’s the Catch?

Really, there is no catch. You should know that when an attorney works on contingency, the expenses (say, for an expert witness’ testimony) are paid by the client. You should also know that just because your attorney works on contingency doesn’t mean he or she will be willing to help you lie or make wild claims just to increase the final payout. Not only are we bound by a code of ethics, but lies and wild claims may hurt your case.

Free Consultation

In addition to working on contingency, many personal injury lawyers offer free consultations. The reason for this is two-fold. You’re more likely to seek legal advice and shop around until you find the right lawyer if it doesn’t cost you a lot of money up front. It also gives us the chance to talk to you and see if the case is the right fit or if we need to refer you to another attorney that’t a better fit for that case.

If you’ve been injured in an auto accident, due to medical malpractice, because of animal attack or defective product or other accident, and would like to work with an attorney who works on contingency, call the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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A Georgia judge brought the U.S. Justice system one step further into the 21st Century last February by making an unprecedented ruling in a criminal case. Douglas County, Georgia, Superior Court Chief Judge David T. Emerson granted a motion that allowed an out-of-state witness to testify using Skype (an internet-based video-phone service). While this motion wasn’t granted in a personal injury case, it’s still a very interesting ruling that could have widespread implications in the future.

The attorney of defendant Juan Salazar argued that because Salazar had been incarcerated for over a year prior to the trial, his client was unable to afford to fly the witness to Georgia for the trial. The prosecuting attorney, Nedal S. Shawkat, had expected the ruling to go in his favor because the U.S. and Georgia constitutions both have confrontation clauses that, in his opinion, require in-person testimony at trial (though the defense noted that the confrontation clause is there to protect the defendant, not the state, and there was no reason to deny it on those grounds).

Judge Emerson allowed it on the grounds that the state has a statutory right to cross-examine the witness and that he felt that right was preserved. The judge also noted after the trial that with the exception of a couple of minor glitches, the system worked well. Emerson, who became president-elect of the Georgia Council of Superior Court Judges on May 1, said, “I’m going to work to encourage the council to study rules on how to take advantage of this new technology.”

Defense attorney Arturo Corso filed the “Motion for Leave to Present Live Testimony via Internet Video Phone (Skype)” after Judge Emerson denied a previously filed motion to compel the witness to attend. Corso applauded the judges open-mindedness, noting that Judge Emerson “didn’t make a snap decision. He did his own research… [and] it was proper in this case… because the state was in possession of evidence outside the state and beyond the court’s reach.”

While this was a criminal case and it’s too early to tell, this could have an interesting impact on personal injury trials in the future, as well. It’s likely technology like this would only be used rarely and in specific situations (for instance, in the case of requiring and interpreter who can’t be present at the trial).

While we can’t guarantee you’ll be able to use Skype during your case, if you’ve been injured as the result of an auto accident, medical malpractice, an animal bite, defective product or other accident, call the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.

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