Should you Accept the Insurance Company's First Offer?

Using Motions In Limine In A Florida Personal Injury or Medical Malpractice Trial

Posted by Guy DiMartino | Apr 07, 2013 | 0 Comments

Florida personal injury lawyer, Guy S. DiMartino, discusses how Motions in Limine are used in a Florida personal injury or medical malpractice trial.

A motion in limine is a pretrial motion where a party asks the court to rule on an evidentiary issue. The party may ask the court to make a determination if a certain piece of evidence will be seen or not seen by the jury.  Why is this important? Because all cases have warts or prejudicial issues on both sides (plaintiff and defendant), and if the court lets the parties know one way or another whether the evidence is coming in, the party can deal with the issue.  Motions in limine make for an orderly trial and allow the parties to deal with prejudicial issues if necessary.

What types of things will I file motion in limine on behalf of my client

Let me give you an example.  My client was convicted of a felony (murder or burglary) years before his/her injury.  There is a rule of evidence that allows convictions into evidence for felonies if they are not too remote in time.  We want to keep this information out.  The insurance defense attorney wants this information to come into evidence hoping that the jury will hold the past conviction against the client.  So, I file a motion in limine arguing that the conviction should not be admitted because it was so old that it has no bearing on how my client is today.  Either way, if we can get the judge to rule on the issue, we know how to deal with it.  If the judge disallows the evidence we can go on our merry way.  If the judge rules that she will allow it into evidence, we will have to deal with the issue in jury selection and throughout the trial.

Personal injury and medical malpractice lawsuits are about strategy.  Knowing how a judge will rule on a certain issue before trial makes for an orderly trial and provides insight on how we have to try our case.

If you have any questions about a Florida personal injury or medical malpractice claim, you can give me a call directly on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.

Copyright © 2017 Guy S. DiMartino DC, JD, PA

Areas That We Serve: Hammond, IN | Highland , IN | St. John, IN | Schererville, IN | Griffith, IN | Merrillville, IN | Hobart, IN | Portage, IN | Burns Harbor, IN | Ogden Dunes, IN | Gary, IN | South Haven, IN | Valparaiso, IN | Kouts, IN | Knox, IN | Hebron, IN | DeMotte, IN | Cedar Lake, IN | Crown Point, IN | Dyer, IN | Lowell, IN | Michigan City, IN | LaPorte, IN | Wanatah, IN | Westville, IN | Winamac, IN | South Bend, IN | Plymouth, IN | Elkhart, IN | Whiting, IN | Rolling Prairie, IN