Steven S. Bloom, Esq.
Cushner & Bloom, P.C.
Civil Litigation
Attorney Steven Bloom is available for representation of clients in the litigation of civil cases before the Massachusetts state courts, the U.S. District Court for the District of Massachusetts.
Attorney Steven Bloom is also available for representation of clients for the trial of civil cases before the Rhode Island state courts.
Attorney Steven Bloom is also available for representation of clients for the trial of civil cases before the Rhode Island state courts.
1170 Beacon Street Brookline MA 02446
The Elements of a Personal Injury Jury Trial
The Jury's Role:
In any civil jury trial, such as in an auto accident case, the jury hears the evidence and
decides what the facts of the case are. In deciding the facts of the case, the jury has to
decide which testimony to believe and which testimony not to believe. The jury may
believe everything a witness says, or part of it, or none of it. In considering the testimony
of any witness, the jury may take into account:
(1) the opportunity and ability of the witness to see or hear or know the things
testified to;
(2) the witness' memory;
(3) the witness' manner while testifying;
(4) the witness' interest in the outcome of the case and any bias or prejudice;
(5) whether other evidence contradicted the witness' testimony;
(6) the reasonableness of the witness' testimony in light of all the evidence;
and
(7) any other factors that bear on believability.
decides what the facts of the case are. In deciding the facts of the case, the jury has to
decide which testimony to believe and which testimony not to believe. The jury may
believe everything a witness says, or part of it, or none of it. In considering the testimony
of any witness, the jury may take into account:
(1) the opportunity and ability of the witness to see or hear or know the things
testified to;
(2) the witness' memory;
(3) the witness' manner while testifying;
(4) the witness' interest in the outcome of the case and any bias or prejudice;
(5) whether other evidence contradicted the witness' testimony;
(6) the reasonableness of the witness' testimony in light of all the evidence;
and
(7) any other factors that bear on believability.
The Plaintiff's Burden of Proof:
The injured person who brings the law suit is called the "plaintiff." A plaintiff may
recover on his/her claim if he/she proves the following things, by a "preponderance of the
evidence":
(1) That the person being sued for causing the accident, called the defendant,
was negligent; and
(2) That defendant's negligence was the "legal cause" of the injuries and
monetary losses that the plaintiff suffered.
A "preponderance of the evidence" simply means evidence that persuades the jury that
the plaintiff's claim is more likely true than not. To put it differently, if one were to put
plaintiff's and defendant's evidence on opposite sides of the scales, plaintiff's evidence would make the scales tip slightly on the plaintiff's side.
recover on his/her claim if he/she proves the following things, by a "preponderance of the
evidence":
(1) That the person being sued for causing the accident, called the defendant,
was negligent; and
(2) That defendant's negligence was the "legal cause" of the injuries and
monetary losses that the plaintiff suffered.
A "preponderance of the evidence" simply means evidence that persuades the jury that
the plaintiff's claim is more likely true than not. To put it differently, if one were to put
plaintiff's and defendant's evidence on opposite sides of the scales, plaintiff's evidence would make the scales tip slightly on the plaintiff's side.
Negligence:
Auto accident cases usually deal with that area of the law known as the law of
negligence. It is a broad area of the law, and it has many applications. Generally,
negligence means the failure to exercise that degree of care that the ordinarily
reasonable, cautious, prudent individual would have exercised under all the facts and
circumstances existing in some particular situation. In other words, negligence is the
failure to exercise that degree of care that a reasonable person would exercise under the
circumstances.
Negligence may be doing something that the ordinarily reasonable, cautious, prudent
person would not have done under all the facts and circumstances existing at a particular
time and place. It may also be the failure to do something that the ordinarily reasonable,
cautious, prudent person would have done under all the facts and circumstances existing
at a particular time and place.
In Massachusetts, violation of a law of the road (e.g. running a stop sign) is evidence of
the defendant's negligence and may be considered by the jury if the traffic law violated
was intended to prevent the type of harm that occurred in this accident.
negligence. It is a broad area of the law, and it has many applications. Generally,
negligence means the failure to exercise that degree of care that the ordinarily
reasonable, cautious, prudent individual would have exercised under all the facts and
circumstances existing in some particular situation. In other words, negligence is the
failure to exercise that degree of care that a reasonable person would exercise under the
circumstances.
Negligence may be doing something that the ordinarily reasonable, cautious, prudent
person would not have done under all the facts and circumstances existing at a particular
time and place. It may also be the failure to do something that the ordinarily reasonable,
cautious, prudent person would have done under all the facts and circumstances existing
at a particular time and place.
In Massachusetts, violation of a law of the road (e.g. running a stop sign) is evidence of
the defendant's negligence and may be considered by the jury if the traffic law violated
was intended to prevent the type of harm that occurred in this accident.
Proximate Cause:
The "legal cause" of an injury is a cause which is a "substantial factor" in bringing about
the injury. In determining whether the defendant's conduct was the "legal cause" of the
plaintiff's damages, the jury determine whether the defendants' conduct had such a
substantial effect in producing the injury as would lead reasonable persons to regard it as
a cause. Causation is incapable of mathematical proof, since no person can say with
absolute certainty what would have occurred if the defendant had acted otherwise. Juries
are permitted to draw upon ordinary human experience as to the probabilities of the case.
the injury. In determining whether the defendant's conduct was the "legal cause" of the
plaintiff's damages, the jury determine whether the defendants' conduct had such a
substantial effect in producing the injury as would lead reasonable persons to regard it as
a cause. Causation is incapable of mathematical proof, since no person can say with
absolute certainty what would have occurred if the defendant had acted otherwise. Juries
are permitted to draw upon ordinary human experience as to the probabilities of the case.
Damages
If the defendant is found negligent, the plaintiff is entitled to recover an award of
damages that will place him in the position he was in immediately before the defendant's
negligent act. In other words, the plaintiff is to be compensated for all past, present, and
future harm caused by the defendant's negligence. The elements that make up the
damages the plaintiff may recover include, but are not necessarily limited to, the
following:
(1) the reasonable value of necessary medical care incurred and which
will be incurred in the future;
(2) fair compensation for the diminution in earning power, that is, the loss
of the capacity to work and earn a living; and
(3) fair compensation for physical and mental pain and suffering and
reasonably probable future physical and mental pain and suffering.
There is no formula by which the jury will determine the amount of damages, other than
to apply common sense and reason in weighing the evidence of the nature and
extent of the injuries received. Mental suffering can consist of sadness, depression, grief,
anxiety, worry, embarrassment, terror, ordeal, shock or apprehension. By mental
suffering, it is meant any mental anguish or emotional distress, as distinguished from
physical pain and suffering. This factor may also include mere loss of enjoyment of life
as a result of the defendant's conduct.
damages that will place him in the position he was in immediately before the defendant's
negligent act. In other words, the plaintiff is to be compensated for all past, present, and
future harm caused by the defendant's negligence. The elements that make up the
damages the plaintiff may recover include, but are not necessarily limited to, the
following:
(1) the reasonable value of necessary medical care incurred and which
will be incurred in the future;
(2) fair compensation for the diminution in earning power, that is, the loss
of the capacity to work and earn a living; and
(3) fair compensation for physical and mental pain and suffering and
reasonably probable future physical and mental pain and suffering.
There is no formula by which the jury will determine the amount of damages, other than
to apply common sense and reason in weighing the evidence of the nature and
extent of the injuries received. Mental suffering can consist of sadness, depression, grief,
anxiety, worry, embarrassment, terror, ordeal, shock or apprehension. By mental
suffering, it is meant any mental anguish or emotional distress, as distinguished from
physical pain and suffering. This factor may also include mere loss of enjoyment of life
as a result of the defendant's conduct.
Attorney Steven Bloom has been representing injured persons since the mid-1980's, including those injured in auto accidents, motorcycle accidents, bicycle accidents, public transportation accidents, slip and fall accidents, snow and ice fall downs, work accidents and persons injured due to medical malpractice. Our clients always get the attention of Attorney Steven S. Bloom. It is our policy to try to return all telephone calls and emails as soon as possible, and almost always within 24 hours.
DISCLAIMERS
The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
ADVERTISING.
Steven Bloom, Esq., is licensed to practice in the Commonwealth of Massachusetts. Steven Bloom, Esq. is also licensed to practice in the State of Rhode Island.
Our Office is located in Brookline, Massachusetts. The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice.
Cushner & Bloom, P.C. does not seek to represent you based upon your visit or review of this Web Page Set.
The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice. Although we intend to keep this information current, we do not promise or guarantee that the information is correct, complete or up-to-date. You should not act or rely upon the information in this Web Page Set without seeking the advice of an attorney.
Cushner & Bloom, P.C. does not seek to represent you based upon your visit or review of this Web Page Set. The attorney-client relationship does not begin until Cushner & Bloom has evaluated the potential client's case and a contract between Cushner & Bloom, P.C. has been agreed upon.
Please feel free to send us e-mail with your thoughts about our Web Page Set or to request more information about us. The transmission of an e-mail request does not create an attorney-client relationship and you should not send us via e-mail any information or facts relating to your legal problem or question. If you are a client of Cushner&Bloom,P.C., your e-mail may not be privileged or confidential. If you are a client, remember that e-mail may NOT be secure. There is a risk that your communication may be intercepted illegally. There may also be a risk of waiver of attorney-client and/or work-product privileges that may attach to your communication.
The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
ADVERTISING.
Steven Bloom, Esq., is licensed to practice in the Commonwealth of Massachusetts. Steven Bloom, Esq. is also licensed to practice in the State of Rhode Island.
Our Office is located in Brookline, Massachusetts. The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice.
Cushner & Bloom, P.C. does not seek to represent you based upon your visit or review of this Web Page Set.
The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice. Although we intend to keep this information current, we do not promise or guarantee that the information is correct, complete or up-to-date. You should not act or rely upon the information in this Web Page Set without seeking the advice of an attorney.
Cushner & Bloom, P.C. does not seek to represent you based upon your visit or review of this Web Page Set. The attorney-client relationship does not begin until Cushner & Bloom has evaluated the potential client's case and a contract between Cushner & Bloom, P.C. has been agreed upon.
Please feel free to send us e-mail with your thoughts about our Web Page Set or to request more information about us. The transmission of an e-mail request does not create an attorney-client relationship and you should not send us via e-mail any information or facts relating to your legal problem or question. If you are a client of Cushner&Bloom,P.C., your e-mail may not be privileged or confidential. If you are a client, remember that e-mail may NOT be secure. There is a risk that your communication may be intercepted illegally. There may also be a risk of waiver of attorney-client and/or work-product privileges that may attach to your communication.
Phone: (617) 608-0019
Fax: (617) 608-0022