The jury selection process in Personal Injury cases is very important. Questioning the potential jurors is a process known as “Voir Dire.” This may be the single most important process in the whole trial. Selecting the jurors who will give you the best chance to win your case is invaluable. For the purpose of simplicity, we will not go deep into preemptive challenges. I will only say that your opposition is able to eliminate certain jurors from the potential juror pool. You are also entitled to eliminate jurors who you feel will help your opponent.
Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors. Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror. After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.
Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated. You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel. If you are not represented by counsel and have questions about your Personal Injury case, please call (516) 858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.
HAMP Loan Modifications will continue to be available to homeowners “through December 31, 2015.” The original program deadline was December 31, 2013.
“The U.S. Department of the Treasury and the U.S. Department of Housing and Urban Development today announced an extension of the Obama Administration’s Making Home Affordable Program through December 31, 2015. The new deadline was determined in coordination with the Federal Housing Finance Agency (FHFA) to align with extended deadlines for the Home Affordable Refinance Program (HARP) and the Streamlined Modification Initiative for homeowners with loans owned or guaranteed by Fannie Mae and Freddie Mac.”
Read the cited Press Release here.
The Law Firm of Vaughn & Weber, PLLC, can be reached at (516) 858-2620.
There are several factors that need to be considered in determining what the value of a Personal Injury case is. Multiple attorneys can have varying opinions with regards to the same case. That is because some attorneys will lend more weight to certain factors that other attorneys decline to. At the end of the day however, the initial evaluation of the case can determine whether the client obtains the best possible result.
Most attorneys would agree that the multitude of factors that must be considered when evaluating a Personal Injury case can be placed into three groups. These groups are Liability, Damages and Venue.
Liability is the determination of which litigant was responsible for causing the incident that led to the lawsuit. Liability can be placed solely on the shoulders of one party, or can be divided between the parties by assigning percentages of fault based upon the facts of the case.
Damages are the injuries and losses incurred by the Plaintiff. Severity of the injury, length of time medical treatment is required and loss of wages are some of the prominent damages that are regularly seen in Personal Injury cases.
Venue refers to the location that the case is going to be tried. Past verdicts play a significant role in determining what a future case will be worth in the same county.
This is an over simplification of what goes into the evaluation process for a Personal Injury case. It is highly advisable to seek the assistance of an attorney in trying to decide the value of one of these types of cases.
If you have been injured in an accident of any type, and have questions on how to proceed with your case, please call us at (516) 858-2620 to speak with an attorney who can help you.
Independent Foreclosure Review Check
Many people have called our office because they are/were in foreclosure and recently received an Independent Foreclosure Review check. Most of them ask the following questions:
Why am I receiving this Independent Foreclosure Review Check?
An agreement, providing for Independent Foreclosure Review, was reached by the Office of the Comptroller of the Currency and the Federal Reserve Board with several mortgage servicers.
The Independent Foreclosure Review is supposed to determine whether homeowners, who were in foreclosure between January 1, 2009 and December 31, 2010, suffered financial injury because of “errors” made by their mortgage servicer during the home foreclosure process .
This agreement includes the following Mortgage servicers, their affiliates, or subsidiaries: Aurora, Bank of America, Citibank, Goldman Sachs, HSBC, JPMorgan Chase, MetLife Bank, Morgan Stanley, PNC, Sovereign, SunTrust, U.S. Bank, and Wells Fargo.
The above Servicers have agreed to pay a total of $3.6 billion in cash payments to eligible borrowers. The payment amounts appear to vary.
And the #1 question…
Can I cash my Independent Foreclosure Review Check?
The checks we have seen state the following:
- The payment is final.
- There is no process to appeal.
- “By cashing or depositing the check, you do not waive any legal claims against your servicer and you may pursue additional actions related to your foreclosure.”
Therefore, it does not appear that you have anything to lose by cashing your Independent Foreclosure Review check. HOWEVER, you should seek legal advice from an attorney who is fully aware of your current situation.
The above is not legal advice, but The Law Firm of Vaughn & Weber, PLLC is here to assist you! Call (516) 858-2620 to schedule an appointment with an attorney.