Virgil Kim

Top 3 Hardest Personal Injury Case Concepts to Explain

hard-workWhen it comes to personal injury cases there are certain concepts that can be difficult to explain to clients. Often it will be difficult for them to understand the ramifications of what they are being told, because these are subjects most people don’t think about on a daily basis. Here are the top three hardest personal injury case concepts to explain:


  1. Negligence is a concept that cannot always be explained in basic terms. While many concepts regarding the law are black and white, others are hazy and negligence is one of them. Lawyers must carefully explain this concept to their client if it is a factor in their case, which is often true when a personal injury is involved. The general explanation that lawyers give to their clients is that negligence has to do with a defendant in a case breaching their reasonable care duties.


When this concept comes into play in a court case it is because the plaintiff was injured because of actions performed by the defendant. Other words that may be used in court to describe a case such as this are reckless and careless. These words help explain the defendant’s actions towards the plaintiff.


Negligence is claimed when the actions of the defendant violate the rights that the plaintiff gas to exist safely. Courts usually consider this to be worse than inadvertence but better than evil intentions. When a defendant is found guilty of negligence in a court of law they are generally ordered to pay punitive damages to the plaintiff.


  1. Forseeability is another of the most difficult concepts to explain. This involves determining whether the plaintiff or the defendant caused the accident that led to a personal injury. Nothing more than a test, forseeability has to do with determining the cause of the accident that led to the injury in the first place. This test is used in court rooms to determine whether or not the defendant could have predicted that their actions would result in injury to someone else. There are two distinctions related to forseeability; the type of harm inflicted and the manner in which it was inflicted. This can be a difficult concept for a client to handle.


  1. Liability is something that many people don’t think of until they are faced with the subject in a court of law. The more serious the personal injuries are the more the defendant’s liability is called into question. This is one concept that lawyers must be able to clearly explain to their clients prior to their day in court. Liability can often cause the defendant in a court case to have to pay a significant amount of money to the plaintiff in order to settle the case.


These three concepts are difficult to understand, but important to understand as well. An effective lawyer will have the tools they need to explain each of these concepts to their client in terms that are clear.

How Effective and Ineffective Communication Affects Personal Injury Trials

It goes without saying that appropriate, consistent, and honest communication is vital to dialogue and understandingPersonal-Injury between persons and parties.  In legal matters, this is no different and can be even more important since petitioners must rely on effective communication to elicit the best results for their clients.  Personal injury cases are usually extremely complicated and the legal rigors involved often keep attorneys working hundreds of hours on a single case.

This is why it’s so important to ensure that at every step in the process that communication is open, honest, and detailed.  Any disconnects in communication can result in either the wrong arguments being put forward or mistakes in litigation.  Mistakes in litigation can be extremely expensive to repair or undo.  This is why it is incredibly important to have a good relationship with your attorney and to ensure that the messages you are sending or the description of events is as precise as possible, and understood by the attorney or any paralegals working on the case.

Barriers to Communication

Very often when attempting to convey a particular message people will lose their message to distraction, language difficulties, attitudes and emotions, and other soft and hard barriers.  For example, when English is a second language there can be real difficulties in expressing oneself fully in English and many important case nuances can be lost.  Moreover, when emotional we are often unable to think clearly about details.  There can be many barriers to communication that will end up having a deleterious effect on a case.  This is why it is so important to work with an attorney or firm that understands how to get the necessary details from you and communicate in such a way that you deliver the appropriate and correct information to the attorney.


Tips for Effective Communication

Effective communication between any two parties is about conveying a particular message in a manner in which others can process and then respond to effectively.  It also means receiving a message and articulating that it is understood.  This is how appropriate attorney-client communications should occur, in a “cycle.”  That means when a message is sent to a party, that party must communicate not only that they received it but also verify what they believe is being communicated.  That exchange is a critical communication skill called “active listening.”

So what you are saying is…?  By now, people may have encountered others who respond with active listening skills.  Active listening is not always an in-person exchange, it also can be used when sending and receiving electronic communications.  Active listening is a way of verifying what you believe the other party is trying to communicate.  This soft skill becomes incredibly important where there are language difficulties that may prevent a quick flow of dialogue.

Your personal injury attorney creates a case based off of a highly detailed set of information.  That information must be one hundred percent accurate, and it must be complete.  When information is inaccurate or missing, the opposing side can exploit these weaknesses in your case.  Given the difficulties in appealing cases it is more important to nail the case the first time around.  It is extremely important that both you and your attorney communicate effectively with one another in the pre-trial period so that when your case—if your case—goes to trial that it is as airtight as possible.

Reading and Understanding Judicial Opinions


Do you have any idea of what a judicial opinion is? These are opinions that are authored not just by the judges. A judicial opinion contains explanations of how certain legal disputes are resolved as well as clarification for their reasoning. The term “opinion” is used in a case to tell the story of the case what the case is all about, what or how the court is resolving the said case and answers why.

Important matters like judicial opinions require the ability to read and understand complex literature. The number one way for anyone to better understand judicial opinions is to read them over and over again. Repetition is key, and once you’ve identified their “flow” and the commonalities between each opinion, you’ll be able to better understand the opinions themselves. By reading and learning about judicial opinions, you’ll get a better understanding of each case that they pertain to, including:

  1. Facts

Understanding facts and concepts is the basic foundation of understanding any judicial opinion. Reasoning, along with facts are efficient ways of solving cases and these are what most students of law can easily forget, despite the obvious importance of each opinion’s facts. Take note that facts are legally important as they represent possible solutions for the case.

  1. Arguments in the Court

Being able to understand the argument of each party involved in the case is necessary. While the judicial opinion is necessary, reading and understanding it requires you to understand the argument between the two parties. Once you understand the two opposing reasons by the two parties involved, understanding the judicial opinion is substantially easier.

  1. Result and Reasoning of Majority Opinions

Including the sources of these majority opinions, it is necessary for you to understand that the courts legal reasoning drives the entire opinion to become final. You can also formulate your own opinion based upon the majority of the decision by the court.

  1. Court’s Decision Scope and Possible Effects

Encourage yourself to take steps that will widen your perspective regarding the scope and possible effect of the court’s decision in the case. Their opinion has a huge effect on the current and future cases that court judges may also apply when they judge cases.

The idea is to keep all perspectives about judicial opinions at the forefront of your mind and know what essential procedures you have to focus on so you can have a better understanding of how things in the court are being solved. When you truly understand things inside the court, especially the legal papers like judicial opinions that are containing important matters for a case, you will fully understand what judicial opinions are and how they affect the case. In case you are a student, keep in mind that you are supposed to recognize and identify issues and be critical at all times as this will lead you to better understand all legal cases.

The Importance of an Effective Court Reporter in Legal Communication

SS_fastest_growing_jobs_stenographerThe court reporter is a silent member of the courtroom team that also plays an important role during a proceeding but is oftentimes ignored. He or she just sits quietly in the courtroom and types everything that is being said into the stenography machine. The role of an effective court reporter is very essential and necessary in recording and memorializing all the testimonies and arguments that are offered in a courtroom as well as the words that are uttered by the judge during a hearing or legal proceedings.

The court reporters are very integral to the whole functioning of the court and they are well-known like the clerks and judges. The Orange County motorcycle lawyers of Timothy J. Ryan & Associates insist on having as much control as possible over selection of court reporters, showcasing their importance amongst the courtroom staff and participants. They can’t afford to have important information overlooked. The transcript for the proceedings that were the product of the court reporter’s efforts was as indispensable as the other things having to do with a certain case. Court reporters create word-for-word transcriptions during trials, administrative hearings, depositions, and other legal lawsuits or proceedings.

There are also some court reporters that provide captioning of the case for televisions and real time translations for deaf people at public events, business meetings and even in classrooms to let them know the things that are happening in a certain case or important issue that the public has concerns with it.

An effective court reporter is very important because he or she plays a critical role in any legal proceedings which actually requires an exact record of what was said by the two parties involved as well as the words that are said by the judge or jury. They are the one responsible for the complete, secure and accurate legal transcript of all the witness testimonies, courtroom proceedings, and depositions.

Court reporters also typically perform the following important roles:

  • Attending hearings, proceedings, depositions and other related events that require a written transcript
  • Capture spoken dialogues with a very specialized equipment, such as stenography machine, covered microphones and video and audio recording devices
  • Reads or plays back everything or a portion of the legal proceedings upon the request from the jury or judge
  • Responsible in reviewing the notes for names the speakers and other technical terminology
  • Ask the speakers when clarifying inaudible or unclear testimonies or statements
  • Preparing the transcripts for the records and edits it for typographical errors
  • Help to notify the people know the things that are happening in a big case or legal proceeding that concerns them
  • The one who turns speech into text to help the deaf or hard-of-hearing persons understand the proceedings like by cued speech, sign language, or other gestural or spoken means of sending the message or communicating with them

There are no other persons that can possibly perform this job very well than the court reporters. They are not a lawyer or a judge but they also have a background and technical education when it comes to legal matters. The skills and abilities of an effective court reporter are just some of the most important things in legal proceedings and to have a well done lawsuit.

The Areas of Legal Communication


Whenever you have a business that keeps you busy all the time, you know for sure that you want to have success and you do all that you can to achieve it. For some people, this can be extremely easy, as they are born with business in their blood. For others, it can be harder, as they can just start on this road and feel like there are obstacles at every step.

What you need to do is keep your eyes open for the areas of legal communication, as this is what sets your start on the right way. This needs to be followed too in the case when you want to expand your business, and for this, you surely need to implement a set of rules that you and your employees need to follow.


p18mrs1thhcg919llqs81983u8u3This is an important area of the legal communication that you keep. The disclaimers are those documents, always written, that will help you protect your business in case there is litigation due to a misuse or a misunderstanding of a client. For example, if a criminal defense lawyer did a domestic violence case evaluation, they would have to explain that until a retainer is signed, no one at their law firm is representing anyone in a legal action. Some people might not be very careful and say nothing hoping that disclaimer will protect you in case those people will try to issue a lawsuit because their case was mishandled due to their own fault.


laws-legal-ethical-post-itsThis means that you have to be transparent in your decisions for the rest of the public, your clients, your vendors and everybody who you make business with. For example, if you hire somebody to make a commercial for you and you print those ads, you also need to state somewhere on the page how much you pay for his or her services.

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If you write a blog about California DUI consequences, you’ve got to include a disclaimer explaining that your included info should not be considered legal advice. It can be written in a very small format, but it needs to be there. You will spend a lot of money on your marketing communications with clients, but it will be worth it.

Marketing Communication

This is included in a law that says this: a business owner must be fair in communicating to the clients. This means that if you make an ad for a product you sell, you need to be truthful in what you say. Your product claim needs to be based on facts, and not just on words. If you say, for example, that the food you sell and promote has lower calories that others, then you need to have the food tested and advertise this somewhere in the menu. In a few words, you cannot make a claim that is unsubstantiated.

This doesn’t mean that you can’t provide multiple types of legal services. Some attorneys advertise assisting with personal injury, criminal defense, as well as several other types of law without getting themselves in trouble with their state bar.


communication-patternThis area is all about your financial reporting. You surely know that whatever budget you have, and whatever expenses and income for all of this data needs to appear in a report. It’s extremely important as this prevents lawsuits and fines, and you will be respecting the law. To keep everything legal, you need to get yourself a certified public accountant, which will keep your accounting books in order and within the law.


Internal Communication

What this means is that you, as a business owner, need to be sure that your way of conducting the internal communication is excellent. It regards the communications with your employees, the state agencies or your stakeholders. You always need to announce, or communicate what you do with the business, to those people that are of value. For example, if you reorganize, and you need to close down a department or a dependent store, you need to announce this thing to the staff and also to those people that are directly affected by this change.

There are plenty of things to be done when running a business, but if you what it to be successful, come to ComLinks and find out how to properly do it!