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Proving MIST Causation

The Mind Of A Trial Lawyer: I feel the most important first step in proving a MIST case starts with the mindset of the trial lawyer. You must emanate confidence, or the jury won’t believe you. This was once difficult for me, but I kept seeing ...

State Bar of CA's Rules on Attorney's Fees

The State Bar of California rules on attorney fees are set forth in the California Rules of Professional Conduct, Rule 4-200, which provides an eleven factor test to determine whether a fee is conscionable. Included are: The amount of the fee in ...

Preserving the Evidence

Take photographs of the accident location IMMEDIATELY after a crash from every conceivable angle and location. Lay a yardstick next to skid marks so someone can readily compute actual distances based on the photograph. Look for IMPENDING SKIDS. Tires ...

Identifying & Overcoming Insurance Defense Trial Tactics in a MIST Case

This article is an attempt to identify and expose unfair insurance defense trial tactics, so deserving victims receive full justice. As practitioners, we regularly see the injured in our offices pretrial. They move slow and stiffly. They grimace and ...

Junk Science – Insurance

No or low property damage = no injury The major premise of this paper is that all insurance companies will use any excuse to keep insurance premiums and profits. 1) State Farm’s use of paper reviews to deny medical payments claims [1]: ...

Government Claim Forms

GOVERNMENT CLAIM FORM: CITY OF SAN DIEGO This form is generally used for complying with the Statute of Limitations that bar you from recovery if not filed on time. See Deadlines on Filing Suit. A claim must be presented to the RISK MANAGEMENT ...

Understanding Insurance Companies Insurance Claims Procedure

Insurance companies’ claims adjusters are professional negotiators, that use psychological techniques to settle for the lowest possible dollar, including discouraging people from using the professional services of a lawyer. Never give an oral ...

Deadlines on Filing a Lawsuit

Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a lawsuit. Statutes of limitations differ from state to state and depend also upon the nature of the claim. In California, generally a claim ...

Injury Lawyer Questions

HOW DO YOU KNOW IF THE PERSONAL INJURY LAWYER YOU WANT TO HIRE IS QUALIFIED? Lawyers should be selected for their expertise and experience in specific categories of cases. The “right lawyer” is the person who has substantial experience ...

Keys to Proving Personal Injury Case

As a service to you, this newsletter contains vital information regarding the proving of your personal injury case. The emphasis of my law practice is on personal injury, such as bike, auto, and cycle cases. I have competed in Triathlons for years, ...

Why Hire a Trial Lawyer

Sometimes it’s more economical to negotiate a settlement on your own when in an accident. This is typically the case when there is little injury or merely property damage, and clear liability in the police report. By the time you finish paying ...
Law Firm of Richard L. Duquette - Oceanside Criminal Defense Attorney
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