![]() Treating-physician testimony is often critical to overcoming hearsay objections to your damages presentation at trial. Why treating-physician testimony is necessary Here is a proactive approach to establishing your damages early, putting the insurance carriers on undisputed notice of your claims, and setting you up for success as the litigation proceeds. Compelling treater testimony is often your greatest evidence. It addresses deposition tactics, use of treater testimony in making effective demand letters, and ultimately, trial presentation. This article focuses on how to prepare and present compelling treater testimony to validate your damages presentation. If done effectively, it will provide you with leverage, flexibility, and credibility in every phase of the litigation process. Presenting treater testimony in your case-in-chief takes diligence and planning. This includes lien treaters who have provided care and treatment to your client. These treaters are further useful in overcoming hearsay and foundational objections by the defense. Jurors give more credence to treaters – the providers who have actually cared for your client – as opposed to hired experts. To establish that your damage presentation is more equitable than that offered by the defense, you need the support of your client’s treating physicians. This leaves the jury to question which side in an equally balanced expert battle they find more compelling. The defense-retained damage experts will likely be diametrically opposed to the treatment plan offered by your retained experts. Establishing liability means little if your life-care plan is excluded and your retained experts do not have the necessary foundation to provide compelling opinion testimony. They assume their well-credentialled, retained damage experts alone will carry the burden of establishing past and future special damages. Too often, attorneys invest disproportionate time and resources arguing fault percentages in auto-collision cases. Send us feedback about these examples.Proving your damages in a personal-injury action is just as important as establishing liability. These examples are programmatically compiled from various online sources to illustrate current usage of the word 'bill of particulars.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Dale Ellis, Arkansas Online, 20 July 2023 See More Philip Jankowski, Dallas News, 25 July 2023 On July 6, Rosenzweig had filed a motion for order requesting a bill of particulars from Wilson laying out the details of his show cause order. 2023 Defense attorneys file bills of particulars when the criminal charges against defendants are vague to minimize surprises during trial. Solicitor General Neal Katyal pointed out, and the bill of particulars seemed clearly aimed at showing that Trump himself directly violated the law. ![]() 2023 The former President’s name is mentioned more than a hundred and ninety times in the indictment, as the former acting U.S. ![]() 2014 However, that was only a part of the Democratic bill of particulars. ![]() Hussein Ibish, Foreign Affairs, 11 Jan. 2024 His name quickly conjures the worst massacres, deepest pro-settlement fanaticism, and most extreme nationalistic provocations in the Palestinian bill of particulars against Israel. Recent Examples on the Web That incident, together with the war, became Exhibit A in the bill of particulars that Democratic Party candidates, including Joe Biden in 2020, presented against Riyadh.
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