To Settle or Not to Settle: A Case DilemmaWritten by Paul Hood
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Sometimes, settling can be very difficult. Even if parties agree about who was at fault in a case, case may not settle due to a dispute over amount of damages sustained by plaintiff. Cases often proceed to trial on sole issue of damages. Thus, most lawyers will work case as if it will proceed to trial and hope that their work will enlighten other side about need to settle case. If case does not settle, that lawyer is then ultimately prepared to try a good case with best potential for a favorable outcome. To arrive at a final decision, it is best to enlist aid of a lawyer who is familiar with issues attached to making settlements. An experienced attorney can help you be familiar with workings of settling. Plus, he can give you most that you can get out of your settlement. The law can be very complex and having a lawyer to guide to step by step can be a very enlightening experience.

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| | Securing evidence in winning defective product casesWritten by Maui Reyes
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If you can’t buy evidence, put everyone concerned with it on notice, like impounders and tow operators to preserve evidence. They can later be sued if they do not do everything they can to preserve state of article. If product is owned by defendant, you can file an independent action for a temporary restraining order, and a preliminary injunction. This is to avoid any alterations that could be done on product, and keeps it safe from experimental—and possibly destructive—testing by defendant. Finally, obtain complete history and background data of product. Find out where it was originally purchased, who its previous owners were, what modifications were done to it. Try to obtain as well a description of manufacturer and its distributors (if any), and source all literature pertaining to product, such as fliers and manuals. Being equipped with all of these will raise your chances of winning in court. The key is to preserve evidence, and acting fast in obtaining it.

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