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You've just won a hard-fought trial. The jury rendered a substantial verdict and you're happy that you won. Two weeks later the defense asks the trial judge to dismiss your hard-earned verdict and asks for judgment non obstante verdicto. What does it mean and why do you care?

Judgment non-obstante verdicto means that the lawyer is asking the judge to reverse the award or judgment despite the award. It's a Latin term used to say that the judgment should be overturned despite the verdict. Typically, a lawyer will make this argument when the jury has reached a decision that is so contrary to the evidence that's been presented.

For example, where an injury victim of hospital wrongdoing has presented eyewitnesses and expert doctors who have testified and confirmed that the treatment she received departed from good care, and the defense does not contradict those claims- it would appear that the decision is a 'no-brainer' and the doctor or hospital should be held responsible. However, for unknown reasons, the jury renders a verdict for the defense. In that instance the victims' attorney asks the Judge to set aside the jury verdict as being against the weight of the evidence.

A decision to overturn a jury verdict by a trial judge does not happen that often in New York- but on occasion it does.

If your attorney tells you that he can't understand how the jury could possibly have awarded a decision that they did, in all likelihood, your lawyer will suggest asking the Court to disregard the jury's award and render a verdict in your favor. In the alternative, he may also ask for a new trial.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

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An estate plan is one of those things that we all know we should have, but few of us actually ever get to. Like backing up our computers, we figure well do it some day. But, because we procrastinate, we inevitably find ourselves in a situation where our hard drive is fried or a virus has wiped out all of our data. So too, is the situation with estate planning sometimes we wait until its too late and our relatives or the courts decide how our belongings will be distributed.

So, what is an estate plan? Very simply, an estate plan is a compilation of the critical data necessary to ensure that your wishes are carried out after you pass. Wills and trusts are typical devices used in estate planning. Depending on the complexity of ones estate and the magnitude of ones belongings, the results of the estate planning process can range from a simple will to a complicated series of trusts and other tax-advantaged maneuvers to convey an interest in property upon ones passing. While there are several books and software programs available out there to facilitate the data gathering required for estate planning, the following is a list of the kinds of information that will be required. Even if you choose to engage the services of your lawyer or financial planner to assist with your estate plan, (which you will definitely want to do!), gathering this data ahead of time will enable you to get through the process more quickly and will save you money.

Typical Data Used in an Estate Plan:

• Detailed demographic information on all of your children and other beneficiaries including name, sex, social security number and birthday; dont forget to include any charities that you wish to designate as beneficiaries
• A listing of the person or persons that you desire to name as guardian for your children; the person or persons you wish to assume responsibility for your pets
• A list of individuals specifically and intentionally excluded as beneficiaries
• A detailed breakdown of your assets including;
• Bank accounts, mortgages, notes, real estate (including your residence), stocks, stock options, business interests, bonds, mutual funds, life insurance policies, 401(k), IRA and other pension accounts
• An inventory of all of your personal property; if you have completed a home inventory that includes photos, make/model/serial number, etc., of all of your possessions, it can also be used for this purpose. If you do not have a home inventory, now is a good time to complete one. (See http://ezinearticles.com/?Moving-Into-Your-New-Home&id=700888 for more information on how to conduct a home inventory)
• A listing of your liabilities including:
• Any mortgages, credit cards, loans, etc.
• A directory of all of your advisors including:
• Accountant
• Financial planner
• Lawyer
• Banking Relationship Manager
• Executor
• Trustees
• A listing of the location of critical documents such as:
• Deeds, auto titles, stock certificates, bonds, bank account registers, life insurance policies, will, home inventory, etc.

While the estate planning process can be detailed and cumbersome, youll sleep easier once its completed knowing that youve documented the information that will be required to ensure your last wishes are carried out after your passing.

Derek Lee is the President of Bastion Home & Business Services, LLC, http://www.bastionhbs.com a leader in providing asset inventory documentation services to residential and small- to medium-sized business customers throughout Central Florida. Derek is committed to ensuring that Bastion's services contribute to the protection of clients homes and businesses, with the highest degree of confidentiality, professionalism, integrity, respect and an unwavering commitment to excellence.

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