A claim that the defendant in a suit has against the plaintiff from the same transaction.
Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.
Written questions by one party to the other, which are answered under oath.
A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.
Only about 1% of all personal injury cases end in a court; most will settle.
Usually, it will include attorney, clerk, witness, and docket fees.
Principles that govern relationships between people, where no crime has been committed.
When a large group of plaintiffs sues a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufacturers of the popular diet medications, such as fen-phen.
A failure to act reasonably in a situation. Doing something carelessly or failing to do something, i.e. driving without your headlights on.
Damages awarded to punish the defendant.
This would generally be money awarded over and above medical costs and lost wages.
A loss of companionship and care for the victim’s marital partner.
A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.
Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.
Not necessarily. You must first prove the grocery store either created a hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your “award” will be directly related to your injury, medical costs, and loss of income.
This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.
Negligence does not simply mean doing something wrong. All the following elements must exist for an act to be considered negligent:
Generally, 3 years from the date the incident occurred.
This would be a products liability case and you may be able to sue but know that although the manufacture is responsible for defective products, the following will be considered in your case:
It is used as part of a defendant’s defense. It states that a user assumes the risk in the following ways:
Laws that give survivors a cause of action against someone whose negligence resulted in the victim’s death.
The party who lost at trial is called an appellant on appeal.
Mental anguish.
Court orders for defendants to stop them from doing something (i.e. temporary restraining orders).
A lawsuit.
It is a Latin phrase meaning, “the thing speaks for itself.”
Document the entire situation making daily notes of the effects of your injuries. Also, report the accident to the DMV and never admit responsibility.
Almost ½ of all states legally require this insurance. It helps to eliminate liability claims in smaller accidents by exchanging direct payments by the injured’s insurance company. It does not, however, cover auto damage so a claim should still be filed for this.
Almost always the answer is yes. The law says that you must be able to stop safely if a car stops in front of you.
Getting to court for a vehicle accident can take 3-5 years in most cases.
You should always see a doctor after an accident even if you are not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.
Often a person’s personal assets will come into play in a case such as this.
Often, yes, to a certain amount, and then they will get reimbursed once the case is complete.
Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered.
Yes.
The city.
The award is related to the costs incurred.
This varies from each case and each individual. Know that going to trial can take years, but many times in return the judgment in court is larger than in a settlement.
No. Tell the insurance company that you will get back to them. In the meantime, contact an attorney immediately. Often an insurance company will offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.
Normally, in cases such as these, you do not pay the attorney any money until, and if, you win your case. If you do win, they are likely to request 33% of the settlement.