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Help: Need advice on my lawsuit against Walmart


Janey

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As many of you know, both my hands were injured on the job at walmart. Walmart then fired me for attendance while I was at appointments with the surgeon and in physical therapy. Workman's comp did not pay me until after the surgery to my right hand, and stopped after 2 months. The surgeon has stressed that I require surgical intervention on my left hand as well to release the dequervain's tendonitis in my thumb. At this time, I can't bend my thumb without severe pain. In laymen terms it's called trigger finger (or thumb)

 

Anyway, my lawyer and walmart had a mediation but walmart did not agree to the terms. This means that the case will be going to trial on 09/09/13. I am going to dress nice and simply tell the truth, but I'm terrified. I know that people can twist what is said so it means something else. Also, I don't know what actually happens at a trial. I've seen them on TV, but is that an accurate portrayal?

 

Have any of you been to trial? Should I dress business formal or business casual? My hair is so long it touches the bottom of my butt cheeks,
should I wear it up... would that be more professional than having it down?

 

Please give me advice on this.

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Its a lot more boring then Tv betrays! The judge will read the case before, then he/she may ask yes or no questions. (No long spiel about what happen) You will be in and out pretty much. 

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@@Prinny    what should I wear? And my family says that wearing my hair down will be a mistake. what do you think?

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You are in pain and disabled as I read it so you should be less concerned with that aspect and more about if people can tell you have limitations or need braces for your wrists or meds for your pain. Only answer the questions and try not to elaborate it at those times that words get twisted when people ad stuff off the cuff. Companies like Walmart tend to fight this way because they think people will get tired of the fight however the fact they agreed to mediation and then decided to not agree with the decision will show any civil judge or jury that you are in fact injured and as such are due some things from them like Money for pain and lost wages and I might suspect retraining either for them or somewhere else. Just go as you are in clean clothes and by all means do not use your hands much in court except to show they don't do what they should. Just my opinion and wish you loads of luck. Your Attorney will advise you on what they think is best I am sure.

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Yes, dress business casual and wear your hair up.

 

Good luck!

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@@PHUCKITMAN great advice, PMan. thanks.

 

@@little_old_man yeah, I think I'm just going to do a bun. nothing fancy, no braids as they show finger dexterity.

 

going in game now.

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Me being a part-time LEO have been to court multiple times, for trials, hearings and so on. Never have been there for anything similar in your case but I have talked to a judge about cases like yours. Dress professionally, never lose your cool, keep your head on straight, and most of all DON'T lie, the other lawyers will find out and eat you ALIVE. If you need more help or guidance just feel free to ask!

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great advise everyone...i wish you well janey.

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Just got this email from my lawyer:

 

May 29, 2013

 

Katharine Hollingsworth

2408 Houma Blvd., Apt. 206

Metairie, LA 70001

 

Our file: 1117.0; Katharine Hollingsworth

 

Dear Katharine:

 

Please be advised that your case is set for trial on Monday, September 9, 2013 at 9:00 A.M.  Please arrive at least one-half hour beforehand at the following location: Office of Workers' Compensation, 880 West Commerce Road, Suite 401, Harahan, LA 70123.

 

If you cannot attend on that date and time, please call me well in advance.

 

Be sure to notify us if you change your address or telephone number.

 

If necessary, I will call you to schedule an appointment to discuss your testimony.  Otherwise, I will discuss your testimony with you on the day of trial.

 

Ladies should wear modest dresses or pants and blouse.  Men should wear casual slacks and a shirt with a collar.  Never wear blue jeans or a tee shirt to court.

 

Yours truly,

 

John B. Fox



 

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good luck Janney.

never thought u couldnt wear blue jeans and t-shirt in a court, what if u can't pay for those casual clothes ?

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Janey - Dressing nice shows respect for the court. So no jeans and Tee Shirt! If you a curious about court proceedings the go to the court house and watch one. It should be fairly easy to find an open court room. You've seen tv shows that have a bunch of people in the court room wtching the proceedings. Well, that's the public baby! Check out your local courts to see how to do this. 

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Business casual, hair up. Let your lawyer do the talking at the hearing.  I would schedule an appointment with the lawyer to discuss your testimony, it might not be "necessary" but who cares, it will boost your confidence. Good luck

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Be calm and cool, remember everybody secretly cheers for the underdog. Wal-mart knows this, they might settle yet. They do not have a stellar reputation in employee relationships, let them hang themselves. Go the distance and Good-Luck.

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I worry about the clothes. I've lost about 60lbs and all my business attire is to big, also it's in my storage unit which they over-locked because I couldn't make the payment. I worry they will auction everything I own, which now fits  in a storage unit the size of a walk in closet.

 

*edit: When I said I was poor it was an understatement. I'm not asking anyone for money, just explaining. I get $160 per week for unemployment, $315 goes to rent to stay o my son's sofa, $250 goes to monthly doctor visits and medicine, and the remaining $35 per week pays for cat food & litter, food and items like bathroom tissue etc...

I've been living on the edge of a knife for so long that I don't remember what it's like to feel safe. Honestly, I just want a little place of my own, and someone to share it with. My dreams are small, that's all I can afford.

Edited by Janey
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I have been on jury duty back in 2000 but the case was for sexual assault, i think most who took the stand were nervous and obviously the accused would have been jailed if found guilty, is your trial in front of a judge or a tribunal for unfair dismissal Janey, it is natural to feel nervous whoever it will be, just try to stay calm, do not lose your temper about anything and don't rush to answer any questions, try to take a few seconds and think what you are going to say first.

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You can sit in on a trial or two, just go down to the local courthouse and find a seat in the gallery.  Most likely the cases will be traffic or some other simple things, try to find a good courtroom with a substantive trial.  Should give you some perspective.

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Janey I have been told that when you are asked a question from walmarts lawyer take your time in your answer. Think about it a minute before you answer. If the lawyer asks you again quickly tell him you are trying to understand his question and give the best answer you can.  Just my two cents.  I have been told that they will hammer you with questions to try and get you flustered. 

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Pretty much what everyone has said about cloths but if you don't have "buisnessy cloths" that's ok. A few pointers for when picking them out. 

 

1. Collared Shirt that  doesn't show the boobies. Or if you don't have a suitable collared shirt pick a plain top and pair it with a button sweater/jacket/light coat.

2. Skirt or Pants must be below the knee. (or on the knee)

3. Minimal make up ( NO pink/blue eye shadows) GO for a natural look

4. Tie your hair back (if you know someone who can braid, that would look lovely) 

5. Make sure the cloths are clean and if needed, ironed.

6. In-closed shoes  (no sneakers/runners/what ever you call them lol)

7. Wear a bracelet that you can fiddle with to clam the nerves  :happy:

8. Lots of antiperspirant :lol: (I put a giggle there but I am serious)  

Best of Luck x0x0 I hope it all works out for you hun.

Edited by Prinny
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good luck janey

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Janey, pretty much what everyone has said.  I suffer from the same condition as you.  I was told it was from years of repetitive work back when my family owned a business.   Doing paperwork, counting money, etc.  My wrist twisting in an awkward position over and over and over.  I was gonna need surgery also if I didnt do therapy and exercises to help it.  Luckily, I have avoided the surgery.  But where I am going with this is, make sure you and your lawyer have everything you need to show your work at walmart caused this.  That its not a chance it was caused from your previous work, etc.  I did volunteer work for a lawyer cause I thought thats what I wanted to do for a living and they will find the least lil "glitch" in your story and make it work for their client.  I hope all goes well with you on this.

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take it from someone who has been to trial....i have been apart of few trails myself....one for disability...it wont be as elaborate as you think....their attorneys probably will ask u few questions best thing is answer honestly and tell them exactly the pain you go thru and things that it limits you to do stuff at home or on the job or w/e....DO NOT!!! I REPEAT DO NOT!!!! exaggerate or overplay it....it will only hurt your case in court just do exactly everything your attorney tells you nothing more ...if you got a real good lawyer then they will advise you the proper things to say in court....this is the advice my lawyer gave me when i had to see disability judge from san diego...which i was told they are the toughest judges to approve ppl for disability and my lawyer won me my case....so good luck dear ...and watever you do ....DO NOT BE LATE...make sure u get there when your lawyer tells u too as they will go over everything with b4 your hearing starts...trust me on this....

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I have worked for lawyers in the past and have been a witness in a few cases.  Your lawyer will probably meet with you just prior to court starting.  He should go over questions and answers with you but he may not yet know what the opposing lawyers are going to do.  Usually, all lawyers have been in contact with each other and have discussed matters in detail behind the scenes in an effort to work out a resolution.  

 

Lawyers will ask you the same question over and over but will word it differently each time to try to stump you.  They will also ask you questions and require a yes or no answer when they know that your answer needs an explanation but they will not let you explain.  It's their job to trip you up and find holes in your story.  Usually court is more calm and relaxed than what you see on television, however, a lawyer will yell at you and try to frustrate you.  Stay calm.  Answer their questions with confidence.  If you feel like they are baiting you or trying to trip you up, answer with "I don't understand" so that they have to re-word the question.  Answer as simply as possible and don't give them any more info than they ask for.  Good luck!  

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Janey - One thing I can offer is only answer the question you are asked.  Do not offer up more information than has been asked of you.  The more precisely you answer the questions the better.  When you offer up more than they are asking for then they are allowed to ask more questions about something that may have nothing to do with what you are there for.  Good luck to you!!!

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The easiest way to not let them screw u up is just tell the truth. Stay calm and know this is your day not theirs. Dress nice and look people in the eye, dont mention dollars, but let them know if they ask how hard life has been. And most of all remember you will be fine- hold your head up and let them know you are a real person and deserve to be treated as such.

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Pretty much what everyone has said about cloths but if you don't have "buisnessy cloths" that's ok. A few pointers for when picking them out. 

 

1. Collared Shirt that  doesn't show the boobies. Or if you don't have a suitable collared shirt pick a plain top and pair it with a button sweater/jacket/light coat.

2. Skirt or Pants must be below the knee. (or on the knee)

3. Minimal make up ( NO pink/blue eye shadows) GO for a natural look

4. Tie your hair back (if you know someone who can braid, that would look lovely) 

5. Make sure the cloths are clean and if needed, ironed.

6. In-closed shoes  (no sneakers/runners/what ever you call them lol)

7. Wear a bracelet that you can fiddle with to clam the nerves  :happy:

8. Lots of antiperspirant :lol: (I put a giggle there but I am serious)  

Best of Luck x0x0 I hope it all works out for you hun.

I agree with this prinnys quote , since you have had surgery if i got it right there might be a question about how you fixed your hair so nicely, what ever you do dont hesitate say mom,sister or a name of a friend instantly.

you can never hesitate when asked a question. hmmmm is not a good answer. they are going to ask you questions that may not have anything to do with the case like how do you do this and that after the surgery and these questons may violate your privacy. but in all time stay calm and answer polite on the questions if your lawyer dont object. look at it as you are going on a professional working meeting. what ever they throw at you answer politely and calm. best of luck my friend. if ya need to talk just try to get hold of me.

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