Jane bitzi johnson miller

6496 words 26 pages
Legal Nurse Consulting: Lesson 4
Neal Bevans
Lesson 4: Full-Screen View
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Chapter 1
A Civil Case From Start to Finish
In this lesson, we will examine a civil case from start to finish, and I'll explain the important steps that all civil cases follow and define important legal terminology. We'll also take a look at the increasingly important role played by legal nurse consultants in all phases of civil cases. But first, let's talk about Charles and Julia Doe:
It was a clear, beautiful day in August
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Most jurors would have the same reaction as you: He's a burglar! If he gets hurt trying to break into a house, that's his tough luck.
What are some of the facts that make up a "good" case? The first consideration is liability. Was the defendant clearly wrong? Was the defendant negligent or intentionally callous to the plaintiff? If so, the chances of succeeding at trial are very good. On the other hand, if the plaintiff and the defendant are equally at fault, the chances of recovery are slim. In some states, the doctrine of contributory negligence bars the plaintiff from recovering any amount of money if the defense can show that he or she was at fault in any way. Most states do not follow that model, but it is still an important consideration. If the plaintiff was wrong, juries probably won't award any money. Some of the other intangibles that go into determining whether or not a case is a "good" case involve the plaintiff's injuries. Does the plaintiff have any permanent disability? Is the plaintiff scarred or disfigured in some way? Juries, like anyone else, are a lot more sympathetic to people who have been disfigured than they are to someone who has a nonobvious injury.
So, one of the first considerations for any attorney is the factual analysis. But that is not the only consideration. The second aspect of the analysis is pretty hardheaded (some would even say it's cold-blooded). The second consideration is this: Even if the