<h1>Using Computer Animations in Trial</h1>

<audio class="wp-audio-shortcode" id="audio-1746-1" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-291-Using-Computer-Animations-in-Trial.mp3?_=1" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-291-Using-Computer-Animations-in-Trial.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-291-Using-Computer-Animations-in-Trial.mp3</a></audio>
I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
In past episodes, we have discussed accident reconstructionists.
If you have watched home remodeling shows you have likely seen how they will use a computer-connected camera to scan a room.
They are taking laser precise measurements during this scan.
Once they have a scan of the room they will show computer simulations of how the room might look with different cupboards and fixtures.
The simulation or animation allows everyone to quickly visualize the room with different looks.
Accident reconstruction experts use similar technology.
They will scan a crash scene, scan in photos from the scene, grab data from Google Earth imagery, and reconstruct a crash scene. They can also use lasers to measure vehicle crush against the actual vehicles involved in the crash.
Once they have the scene and vehicle information, they can simulate different scenarios based on assumptions of vehicle size and weight, speed at impact, weather conditions, and the like.
The experts can use their 3D models of the scene and vehicles to illustrate their testimony in court.
An animation of this sort can be very powerful and instrumental in explaining to a jury what happened at the moment of impact.
The animation visually depicts what happened, and even can include several different views and slow-motion segments.
Animations are what is called demonstrative evidence. The animation visuals demonstrate the reconstruction expert&#8217;s opinion.
It can take much work to create an accurate animation, but it takes less than 5 minutes to display the animation to the jury.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-291-using-computer-animations-in-trial/">Ep 291 Using Computer Animations in Trial</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Using Computer Animations in Trial I&amp;#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. In past episodes, we have discussed accident reconstructionists. If you have watched home remodeling [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-291-using-computer-animations-in-trial/"&gt;Ep 291 Using Computer Animations in Trial&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Using Computer Animations in Trial I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Using Computer Animations in Trial I&#8217;m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. In past episodes, we have discussed accident reconstructionists. If you have watched home remodeling [&hellip;]

Ep 291 Using Computer Animations in Trial

<h1>If You Sue Do You Lose the Physician-Patient Privilege</h1>
<audio class="wp-audio-shortcode" id="audio-1744-2" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-290-If-You-Sue-Do-You-Lose-the-Physician-Patient-Privilege.mp3?_=2" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-290-If-You-Sue-Do-You-Lose-the-Physician-Patient-Privilege.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-290-If-You-Sue-Do-You-Lose-the-Physician-Patient-Privilege.mp3</a></audio>
I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Occasionally we have a client who asks if all of their medical records will be viewable by the defendant&#8217;s attorney.
The answer is that it depends on how the court rules.
But most of the time by filing a personal injury lawsuit, a plaintiff does not open up their entire medical record to pre-trial examination by the opposing party and counsel.
Absent litigation, medical records are protected by the physician-patient privilege. Courts generally hold that as to conditions relevant to the lawsuit, the party filing suit waives the physician-patient privilege.
However evidence regarding a prior physical condition not related to the injuries being claimed often is held to be not discoverable or admissible.
Only medical matters in the medical records, pertaining to the injury complained of, have probative value.
Unrelated matters would be calculated to mislead and confuse the jury and would work to the prejudice of the plaintiff.
Here is an example, a person complains of a back injury suffered in a car crash in 2023. In their medical history, they had a complaint of back pain in the year 2010. The record shows they had counseling for alcohol addiction in 2008.
A court might well find that the 2010 back pain complaint is discoverable, and at the same time find that the treatment for alcohol addiction in 2008 shall remain private.
Here is how a court will analyze the issue, where evidence of prior pain or conditions logically relates to the injuries complained of, the information will be discoverable and likely admissible.
An exception to allow discovery and admission of a seemingly unrelated condition would be if the condition reasonably would impact life expectancy.
Where a person is complaining they will experience back pain for the rest of their life, but their life likely will be cut short as a result of a terminal illness, then the condition is discoverable and admissible.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-290-if-you-sue-do-you-lose-the-physician-patient-privilege/">Ep 290 If You Sue Do You Lose the Physician-Patient Privilege</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;If You Sue Do You Lose the Physician-Patient Privilege I&amp;#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Occasionally we have a client who asks if all of [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-290-if-you-sue-do-you-lose-the-physician-patient-privilege/"&gt;Ep 290 If You Sue Do You Lose the Physician-Patient Privilege&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

If You Sue Do You Lose the Physician-Patient Privilege I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

If You Sue Do You Lose the Physician-Patient Privilege I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Occasionally we have a client who asks if all of [&hellip;]

Ep 290 If You Sue Do You Lose the Physician-Patient Privilege

<h1>Workers Compensation Lifetime Care Injuries</h1>
<audio class="wp-audio-shortcode" id="audio-1742-3" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-289-Workers-Compensation-Lifetime-Care-Injuries.mp3?_=3" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-289-Workers-Compensation-Lifetime-Care-Injuries.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-289-Workers-Compensation-Lifetime-Care-Injuries.mp3</a></audio>
I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
In Indiana, a catastrophically injured worker often will qualify for lifetime medical care.
What do I mean by catastrophically injured?
Take, for example, a worker who suffers an injury rendering them wholly or partially paralyzed. Such a worker often will qualify for paid medical care for life under the work injury laws in Indiana.
Such a catastrophically injured worker also will typically qualify for Medicare, or after a several-year waiting period will qualify for Medicare.
For a number of reasons, settlements of catastrophic work injury cases can be difficult.
Why? Because the attorney representing the injured worker must fashion a partial settlement that does not foreclose the catastrophically injured worker&#8217;s ability to get needed future medical care. At the same time, the attorney defending the claim will want to limit a payout on future medical care costs.
This typically leads to a stalemate.
What makes a settlement even more difficult is that Medicare will step in to make sure the burden of future medical care is not shifted to Medicare by the workers compensation insurance carrier as part of a settlement.
Medicare has great leverage to protect its interests. If the catastrophically injured worker were to run out of medical care money under a negotiated settlement with the workers compensation carrier, Medicare could penalize the insurance carrier and others involved in the settlement.
On the other hand, if a case is kept open and unresolved, both the catastrophically injured worker and the workers compensation carrier have ongoing risk, which is not good for either party.
A lack of proper medical care could lead to premature death. While a  family may be entitled to workers compensation death benefits under the Indiana Workers Compensation Act, this benefit rarely will compensate a family for the loss of a breadwinner.
On the other hand, if the catastrophically injured worker lives a normal life expectancy, the workers compensation insurance carrier may be required to spend millions of dollars to provide the required statutory medical care.
So the injured worker in need of ongoing care, and the insurance carrier paying out medical benefits, both have an incentive to arrive at a settlement under arrangements approved by Medicare.
The big question then becomes is there a middle ground where all parties can settle in a way that will garner Medicare approval?
Most of the time the answer is yes.
What does Medicare typically want to accomplish? It wants to see the workers compensation carrier fund the bulk of ongoing medical care, and make sure Medicare is only a last resort payor should settlement funds run out.
How can a settlement be accomplished in such cases? Typically it involves a structured settlement approved by Medicare, which we discussed in Podcast Episode 280.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-289-workers-compensation-lifetime-care-injuries/">Ep 289 Workers Compensation Lifetime Care Injuries</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Workers Compensation Lifetime Care Injuries I&amp;#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. In Indiana, a catastrophically injured worker often will qualify for lifetime medical care. What [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-289-workers-compensation-lifetime-care-injuries/"&gt;Ep 289 Workers Compensation Lifetime Care Injuries&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Workers Compensation Lifetime Care Injuries I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Workers Compensation Lifetime Care Injuries I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. In Indiana, a catastrophically injured worker often will qualify for lifetime medical care. What [&hellip;]

Ep 289 Workers Compensation Lifetime Care Injuries

<h1>Who Can Attend a Deposition</h1>
<audio class="wp-audio-shortcode" id="audio-1740-4" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-288-Who-Can-Attend-a-Deposition.mp3?_=4" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-288-Who-Can-Attend-a-Deposition.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-288-Who-Can-Attend-a-Deposition.mp3</a></audio>
I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
You may have heard that at trial, upon motion of one of the parties, the court can issue an order separating witnesses.
What does this mean?
It means that if the court orders the separation of witnesses until a witness testifies, the witness needs to stay outside of the courtroom and not hear or see another witness testify.
The reasoning behind such an order is that it prevents witnesses from coordinating their stories.
In theory, a separation of witness order makes sense. But what about witnesses attending the depositions of other witnesses?
The same principle applies. Without a court order, a potential witness in a case can attend the deposition of another witness.
Of course, a party can seek a motion for a protective order to prevent one witness from attending the deposition of another witness or prevent the reading of a deposition transcript before testifying in a deposition themselves.
But in practical terms does this work?
Consider experts for example. Many experts must base their opinions on what witnesses testify as to their observations.
For example, in a medical negligence case, an expert consulted by the plaintiff will almost always need to know what the target defendant doctor has to say about the medical treatment or lack thereof at issue. It would be shocking if a court were to issue an order preventing the disclosure of a treating doctor&#8217;s testimony in such a situation.
A party to a lawsuit, however, can never be excluded from a proceeding.
For example, if a husband and wife are both suing for injuries suffered by the wife in a crash, a court cannot exclude either of them from attending each other&#8217;s depositions, or the depositions of the defendant, and cannot exclude them from being in the courtroom at trial while other witnesses testify.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-288-who-can-attend-a-deposition/">Ep 288 Who Can Attend a Deposition</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Who Can Attend a Deposition I&amp;#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. You may have heard that at trial, upon motion of one of the parties, [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-288-who-can-attend-a-deposition/"&gt;Ep 288 Who Can Attend a Deposition&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Who Can Attend a Deposition I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Who Can Attend a Deposition I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. You may have heard that at trial, upon motion of one of the parties, [&hellip;]

Ep 288 Who Can Attend a Deposition

<h1>Is There Really a Right to a Civil Jury Trial?</h1>
<audio class="wp-audio-shortcode" id="audio-1738-5" preload="none" style="width: 100%;" controls="controls"><source type="audio/mpeg" src="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-287-Is-There-Really-a-Right-to-a-Civil-Jury-Trial.mp3?_=5" /><a href="https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-287-Is-There-Really-a-Right-to-a-Civil-Jury-Trial.mp3">https://personalinjuryprimer.com/wp-content/uploads/2023/09/Ep-287-Is-There-Really-a-Right-to-a-Civil-Jury-Trial.mp3</a></audio>
I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
You may have heard that the U.S. Constitution guarantees a right to a jury trial in a civil lawsuit. While that is technically true, judges have over 200 plus years greatly watered down that right.
One of the many ways judges have restricted jury trials is by entertaining a type of motion which asks them to summarily rule on a case and thereby take a case away from a jury.
The motion is not surprisingly called a summary judgment motion.
A summary judgment motion is treated differently in state and federal courts.
Not surprisingly, federal court judges step in to rule on cases, taking them away from the jury, much more frequently than do state court judges.
Under Indiana law, a party moving for summary judgment has the burden of establishing that no genuine issue of material fact exists, and once the moving party has met this burden, the burden shifts to the nonmoving party to establish that a genuine issue does in fact exist.
Let&#8217;s pause for a second.
Why does the rule require the court and parties to focus on whether a genuine issue of material fact exists?
Well, obviously all lawyers know that the Constitution exists and guarantees a jury trial.
Some lawyers see the Constitution as an obstacle. When people see an obstacle, their tendency is to find a work-around that obstacle.
So the traditional time-tested way around the Constitution is to file a motion with the judge saying in effect “Judge, the facts are so clear and not in dispute, so there is really no need, judge, to waste time calling together a jury. In fact, judge, the facts are so clear that no jury would ever rule in any way except in our favor, so we ask you to summarily rule in our favor, judge.”
As we just said, in Indiana, the nonmoving party can avoid summary judgment and still take their case to a jury by showing the judge that a genuine dispute as to material facts exists.
But the federal standard is much different.
If you are in a federal court, summary judgment is required to be granted against a party who fails to establish an essential element of that party’s case.
This may seem like a slight difference in language, but it is a huge difference. It gives a federal judge much more leeway to take a case away from a jury.
Why is this issue important?
Because if a defendant can somehow land a case in federal court, they have a higher percentage chance of getting the case tossed out of court and avoiding a trial by jury.
Defendants know that statistically, juries are much tougher on defendants overall.
Juries are made up of non-lawyers. Juries often see through legal smoke screens that big corporate defendants raise in court.
A plaintiff&#8217;s odds of winning increase greatly if they can get their case heard by a jury.
A defendant’s odds of prevailing increase greatly if a jury never hears the case.
I hope you found this information helpful. If you are a victim of someone&#8217;s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com &#8211; while there, make sure you request a copy of our book &#8220;Fighting for Truth.&#8221;The post <a href="https://personalinjuryprimer.com/ep-287-is-there-really-a-right-to-a-civil-jury-trial/">Ep 287 Is There Really a Right to a Civil Jury Trial?</a> first appeared on <a href="https://personalinjuryprimer.com">Personal Injury Primer</a>.

<description>&lt;p&gt;Is There Really a Right to a Civil Jury Trial? I&amp;#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. You may have heard that the U.S. Constitution guarantees [&amp;#8230;]&lt;/p&gt;
The post &lt;a href="https://personalinjuryprimer.com/ep-287-is-there-really-a-right-to-a-civil-jury-trial/"&gt;Ep 287 Is There Really a Right to a Civil Jury Trial?&lt;/a&gt; first appeared on &lt;a href="https://personalinjuryprimer.com"&gt;Personal Injury Primer&lt;/a&gt;.</description>

Is There Really a Right to a Civil Jury Trial? I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips,

Is There Really a Right to a Civil Jury Trial? I&#8217;m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. You may have heard that the U.S. Constitution guarantees [&hellip;]

Personal Injury Primer

Details

Recent Episodes