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Segal Law Firm

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Respect for all @segallawfirm

Respect for all @segallawfirm

One more CRITICAL point about the burden of proof

One more CRITICAL point about the burden of proof is that the plaintiff DOES NOT ALWAYS HAVE IT

In probably 100% of injury cases the defense and the insurance company behind them will say that the plaintiff (the injured party) was at fault and the reason why the incident happened

Even in cases where it couldn’t be clearer that the defendant is at fault- from hit in the rear car accidents to shocking corporate negligence cases

Here’s the important part – after the plaintiff proves that the defendant is negligent, if the defense/insurance company wants to blame the plaintiff, the BURDEN OF PROOF SHIFTS TO THE DEFENDANT

This means the defense must then prove, based on the evidence, that it was more likely or not that the plaintiff was NEGLIGENT

They must prove the plaintiff did something WRONG / ACTED UNREASONABLY under the circumstances. Not just “oh she could have seen it” or “she could have swerved out the way” – that’s not acting unreasonably!

If a plaintiff was driving while texting, for example, yes that’s potential negligence

But the defense and insurance companies rely on the fact that the jury, unless specifically told about this, will not know it

So now if you are on a jury you now know how to apply the burden of proof appropriately

So that TRUE JUSTICE can be served

It’s really important for anyone on a jury to un

It’s really important for anyone on a jury to understand what the “Burden of Proof” is

Most people know what the criminal burden is...”beyond a reasonable doubt”. This is a VERY HIGH standard because if a juror has a well-founded doubt – the burden is not met

It’s very high in a criminal setting because a person’s actual freedom is on the line

In CIVIL cases like those that we handle, the burden is just that “ITS MORE LIKLEY THAN NOT” that it happened the way we allege

It’s a MUCH lower standard. Nobody’s freedom is on the line, what is at stake is money damages

Money damages is the ONLY option we have to give justice in these situations (which often should have never happened but for acts of the defendant)

If you ever go through the jury selection process, please understand that lawyers like myself who are representing a seriously injured person are NOT explaining what the burden of proof is to you because we think we NEED such a low burden to prove our cases

In fact, I can say that I believe all of my cases at trial would satisfy that higher criminal case burden

It’s because jurors need to know the RULES of a trial BEFORE it starts so you can make your determination properly

...so that JUSTICE is served

*This is probably the most important video and pos

*This is probably the most important video and post I’ve ever made*
It sounds dramatic, but the truth is that jury trials really are the backbone of our society. Why?
One word. ACCOUNTABILITY. It’s THE REASON we need jury trials
Because in our society, a person or company can cause a serious injury and chose to not take accountability, leaving the injured person’s life totally ruined
And they can get away with this for a while.. until a JURY MAKES THEM accountable
A common MISCONCEPTION is that if a case goes to trial, that means it’s a tough or close call.This is most often not the truth.
The only reasons we need a jury trial is either because there is no case under the law, or FAR MORE COMMONLY – the defendant (which is nearly always their insurance company) does not want to accept accountability.
They think – let’s hold on to our money, let the interest on it accrue, make a case go to trial YEARS later, and then use irrelevant arguments to cast some doubt into the jurors’ minds and see if we can get away with this. All the while the injured party continues to truly SUFFER economically and physically.
As callous as it sounds, this is their business model
By the way “frivolous” lawsuits are typically thrown out and dismissed far before trial
This is why I tell all potential jurors to NOT make any ASSUMPTIONS about why any case is at trial – it most likely is NOT A CLOSE CALL! Firms like Segal Law Firm investigate and vet their cases very carefully to make sure every element of the applicable laws are satisfied and the case should win
And again, the fact that the case is at trial only means that the insurance company does not want to admit fault or pay money…. UNTIL THE JURY MAKES THEM!
So, if you are ever on a jury, don’t make this flawed assumption. The insurance companies are relying on the inexperience of the jurors and these types of misconceptions
Of course be fair and impartial, and let justice prevail. And if the law is satisfied by the facts and the evidence, MAKE THEM ACCOUNTABLE!
Believe it or not, most of the time it’s an EASY CALL

Not all expert doctor witnesses called at trial ar

Not all expert doctor witnesses called at trial are the same

When plaintiff’s attorneys call expert doctors instead of, or in addition to the treating doctors, the defense and insurance company often likes to say “look its a battle of the paid experts”

I agree that on its face this is a seemingly fair argument

However the practical truth, at least in every single one of my cases, is that plaintiffs retain experts for specific reasons, and when they do, these experts spend A TON of time and effort into evaluating the case and coming to a FAIR and HONEST opinion

On the other hand, the defense paid experts often spend little to no time evaluating the case. Some never even see the plaintiff in person, some make opinions without having important medical records, and they make other types of unbelievable mistakes. They do this WHILE KNOWING that the case is incredibly important to the livelihood of the plaintiff and his/her family. They simply do not care, it’s just another case for them to supplement their income.

So if you ever find yourselves on a jury, I really encourage you to not take my word for it, and take a look at the credibility of the experts on each side. Which doctor/expert’s opinion would you want if your livelihood depended on it?

This is the truth about the defendants’ medical

This is the truth about the defendants’ medical examinations

They are often falsely referred to by defense attorneys and insurance companies as “independent”

They are anything but independent

If you are a plaintiff in an injury lawsuit do not worry about what the doctors that are paid by the defense over and over again, say in their reports

They often are just cut and paste jobs and have major flaws in them

Juries see right through this – it’s hard not to

If you are on a jury ever, please take the time to consider the credibility of these paid defense witnesses. You will easily see there is rarely any credibility. Why are they there? Did they do a thorough job?If YOU were being evaluated by a doctor is this the type of evaluation YOU would trust? Please don’t just take my word for it though – spend the time to look into credibility factors that you deem important and you will see it for yourself.

Stay safe!

It’s absurd to think that 99% of people wait unt

It’s absurd to think that 99% of people wait until they actually NEED a lawyer to find one.

When you need a lawyer, especially in cases involving serious personal injury, you are in a state of distress and you have a lot of other issues to deal with: (How are you going to pay your bills if you can’t work? Who is going to take care of your children? To name a few).

That’s why we wanted to help make this an easier process.

Click the link in our bio to save Segal Law Firm’s contact information directly into your phone now.
This way when you are always “lawyered-up” and if something ever happens where you need a lawyer you can immediately contact us. If the issue is not something we can help you with, we will do our best to contact an attorney we trust who can help you.

Click the link in the bio, get lawyered-up now, and be safe! We are always here if you need us.

The bottom-line truth is that when anyone is injur

The bottom-line truth is that when anyone is injured through the negligence or acts of another person or company, 99% of the time it is not that person or company who will be paying for your damages (lost income, medical expenses, pain and suffering, out of pocket expenses, and more)

Instead, it is their insurance company. So think – their car insurance, their liability insurance, etc.

This equally applies if you are the person or company that is getting sued. Most often your insurance carrier will put THEIR interests ahead of your own.

This can mean exposing you to a verdict that’s in excess of your policy limits, which you will be personally responsible for. DO NOT JUST ASSUME your insurance carrier has your best interests in mind – they do not.

This also means that it’s not the person or company who caused a person’s serious injuries that will be hiring its own lawyer and making the important decisions about their case.

This is why you often see cases go to trial where anyone can see that it’s clearly the defendant’s fault and you wonder why they defendant does not settle the case?

Typically that defendant wants to, but the carrier would prefer to roll the dice to see if they can get lucky with a jury, because why not? They have so much money that unlike the people involved in the lawsuit, they are unaffected by a big loss.

So if YOU ever find yourself on a JURY – do not just assume because the case had to go trial that it’s a weak case, or it’s a close call.

Most of the time it’s at trial because an insurance company does not care about doing what is right – compensating the seriously injured person for what their insureds’ negligent acts caused. They would rather take a shot at saving a couple of bucks to add to their billions of dollars.

This is truly an US vs. them situation, and the stakes are very high.

But it’s ok, that’s why firms like @segallawfirm exist – so that justice can be served.

Best day of every case is when our clients come in

Best day of every case is when our clients come in to pick up their settlement checks. It’s closure and it’s always great to see our clients/family in person #justiceserved #slfwins @segallawfirm

NYC pothole cases are extremely difficult to win.

NYC pothole cases are extremely difficult to win. This was a great result for our client. #slfwins #justiceserved

This is not a political issue even though some are

This is not a political issue even though some are trying to make it one. This is everything vs. terrorism (in the most brutal form). Nobody should have to put up this post because it’s common sense, but we share it to spread this anti-terrorism message and show our support for the victims of this terrorism attack, innocent victims of war, and the people of Israel. No company should be scared to share this message of peace on their platforms but sadly some put profits over character and peace. We don’t. We always say #justiceserved and we believe it will be served for all of the victims of this terrorism attack.

Here’s what I was able to learn from being a law

Here’s what I was able to learn from being a lawyer in New York City during COVID

Curious about the value of your car accident case?

Curious about the value of your car accident case? It’s the most common question we’re asked. If you have a friend or family member who’s been in a recent car accident, make sure to share this video with them.

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#lawyer #law #settlement #caraccidentlawyer #lawfirm #newyork

Getting over limiting beliefs is key. When you’r

Getting over limiting beliefs is key. When you’re in a position to do so, delegating tasks you don’t like doing (believe it or not there are people who will like doing them) will be a major way you can help yourself move faster)

This Mindset Shift Changed My Future

This Mindset Shift Changed My Future

This 1 Sentence will Change the Way You See the Wo

This 1 Sentence will Change the Way You See the World

New York City’s Most Infamous Lawsuit

New York City’s Most Infamous Lawsuit

This Decision Making Formula Helped Build My Law F

This Decision Making Formula Helped Build My Law Firm. It can be applied for everything.

Why Should You Choose Segal Law Firm? We don’t j

Why Should You Choose Segal Law Firm? We don’t just talk the talk

The Number 1 Lesson I’ve Learned in my 15-Year L

The Number 1 Lesson I’ve Learned in my 15-Year Legal Career

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