Defense Base Act Lawyer Straight Talk: DBA Procedure And Defense Base Act Trials (Part 4)

Defense Base Act Lawyer Straight Talk

You want to know the truth about the Defense Base Act and your DBA claim. So, we give you Defense Base Act Lawyer Straight Talk - - good old fashion unsweetened, unvarnished, unabashed truth. If you Google "Defense Base Act Lawyer Straight Talk" or "Defense Base Act Attorney Straight Talk" you will find dozens of great articles by a Defense Base Act Lawyer that will help you win your DBA case. This is Part 4 of a 4 Part article on Defense Base Act Procedure. In this article we discuss DBA trials. Be sure to check out the 3 first articles of this series.

The Pre-Trial Order Revisited

If you haven't followed the Pre-Trial Order then you are either not going to get a trial (which may be your "best" result) or you will have lost before you started.

You Need Evidence

In order to prevail at trial you are going to need evidence to establish what is called a "prima facia case." Meaning, just enough evidence to prevail. Usually, however, "just enough" will lose your case. You need strong and convincing evidence, if at all possible.

Medical Evidence

You will need medical evidence in order to prevail. You don't have to have a doctor testify at your trial in order to win. While having your doctor testify at trial is usually the best bet, you can get by with deposition testimony or even with a well written and well reasoned medical report. The written report will need to address your maximum medical improvement date, causation (how the injury was work related or arose during your DBA employment), and how the injury has caused your disability. Here, you want to stay away from conclusions. You need a well written report that explains your medical issues to the Judge.

Labor Market Survey

You can expect the DBA insurance company to introduce a Labor Market Survey. This is way for the insurance company to prove you have no loss of wage earning capacity. You will need to be ready to disprove the Labor Market Survey.

You Have To Tell The Truth

Here is the best take away from this article: always tell the truth. If the Judges believes you have lied to them - you will lose. If you tell the truth and you are likeable - - the Judge will often times help you win the case. If you lie - you are done. It can be just that simple.

Post Trial Briefs

Following trial, you will need to write a legal brief which weaves your facts with the law.

Decision and Order

In many instances, you will get a Decision and Order from the Judge one year or even close to two years following your trial. It can be a very long wait.

If you win, the DBA insurance company has 10 days to comply with the Judge's Decision and Order. Meaning, paying you your benefits. And if you do win, you can expect the DBA insurance company to Appeal. While they do Appeal, you will be receiving the benefits awarded by the Judge.

Disclaimer

This DBA Law article is not legal advice. Your case, situation and/or circumstances may differ from those described here. If you are a seriously injured Defense Base Act worker, you should hire the best DBA Attorney you can find. Whenever you are bringing a court case, your credibility is always at issue. Always tell the truth.

Bill Turley is America's Leading Defense Base Act Attorney. He was awarded Super Lawyer. Don't miss his Defense Base Act Lawyer website.

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Orignal From: Defense Base Act Lawyer Straight Talk: DBA Procedure And Defense Base Act Trials (Part 4)