A lawsuit on your behalf is initiated by filing a Complaint in the Circuit Court in the County where the incident occurred. At the same time, your attorney will request a Summons be issued by the Clerk of Court. The Summons, Complaint and any corresponding discovery will be served upon the tortfeasor Defendant by a process server. When the Defendant is served, the Florida Rules of Civil Procedure govern the time frame each party must abide by during the litigation process and states that a Defendant must file an Answer to the allegations in the Complaint within 20 days.
Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.
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Our success depends on your success! Unintentional vehicle crashes were the leading cause of injury death for people between 1-24. For Indiana residents over 65, unintentional falls were the leading cause of injury death. Infants under one year of age who died due to injury were most often the victims of unintentional suffocation.
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Dissolution 312-600-0000 Waukegan, Illinois 60085 Ask About No Fees, Unless You Win Representation Written Questions – Written questions between parties (called interrogatories) are often exchanged approximately 60 days after the lawsuit has been filed. Typically, within 35 days from when questions are mailed, the parties must answer them. The parties will get assistance from their attorneys when answering the questions.
If your case is against insurance companies, they will have lawyers representing their side. Representing yourself in court will require you to learn the legal system and how to defend your case well. The laws related to your situation may be very detailed and arguing against the defendant’s representation may be intimidating. Hiring a personal injury attorney will save you time and provide a better chance of winning your case, and usually, plaintiffs represented by lawyers get higher settlements. A 1999 study by the Insurance Research Council showed that on average plaintiffs received compensation of three and a half times more than those without attorneys.
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Get Free Assistance With Victims’ Funds Featured Testimonials View Site Directory FAQ FREE GUIDES No, they do not. Usually, personal injury cases can be settled out of court. However, our firm is well prepared to take a negligent person or company to court if they do not give our client the amount that we feel our client is entitled to.
By Robert Storace | March 21, 2018 at 04:52 PM FILE SUIT 3. Whether or not the Defendant is Cooperating
If your injuries were caused by the negligence, recklessness, or intentional act of another, you may have a legitimate personal injury claim. A person acts negligently if he or she fails to behave in a way that a reasonably prudent person would have in a similar situation.
San Francisco, CA Who Help You Get Results. 181 people needed immediate medical attention for a firework-related injury in 2015
Practice Area Website Design by Custom Creatives This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
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530-265-0186 Call us today at 702-382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible. Reduction in your overall earning capacity as a result of your injuries;
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Personal Injury Cases We Handle You can count on our law firm to aggressively pursue a maximum financial recovery for you. The damages that we can seek on your behalf may include:
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