August 4, 2011

Personal Injury Cases Part IV - Presentation of the summons and complaint handling

Your lawyer has a letter asked to be responsible, his lawyer or his insurance adjuster sent without answer or proposed transaction acceptable before the term expires to respond. Your lawyer will advise him have a claim on your behalf. What does it mean exactly?

The complaint is a formal document that your attorney will ask the clerk to file your legal rights against the other riders. You will be the applicant and the otherDrivers will be the defendant.

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With your attorney must file the complaint at least one cause of action, usually more, depending on the situation. A cause of action explains the principles are the presentation of the lawsuit. For example, the cause of action machine states: "The plaintiff claims that defendants' actions were negligent, the works of the law occurred (almost) because of injury and damage to plaintiffs, the fact ..." and then the lawyer is the peculiarity ofAccident. (Judicial Council of California form PLD-PI-001 (1) Rev. January 1, 2007).

And here is a partial list of the Attorney damage claims of the list:

The loss of wages The loss of enjoyment of property Hospital and medical expenses General damages Damage to property The loss of earning capacity Other damage, especially for your event

Your lawyer will also launch an appeal to be filed with the complaint. The Registrar shall stamp the documents in the assignment of aCase number, and give the originals to your attorney, along with however many copies to your lawyer requirements. A file your case will be set at the Palace of Justice, and include a copy of any document in relation to your case.

After the summons, the lawyer and the handling of complaints out of the court that he had someone, usually a process server to serve documents on the other driver. After the service, the process server fills a proof of service of summons and gives it to yourAttorney must file with the clerk of the court. The summons informs the defendant that he / she respond to 30 calendar days are, wrote to the court and get a copy of the response you Sered, through your lawyer.

In response, the defendant may deny generally deny any allegations of the complaint, or some of the allegations specifically and to the other, or can the affirmative defenses, such as the use of assumption of risk or contributory negligence.

After the answer is servedto you through your lawyer, will begin the next phase - the phase of discovery. Discovery is exactly what it is - a chance for both parties to "discover" information about each other. Discovery has many facets, some of them:

Form of questioning Revision of documents, objects and places Applications for admission Special Interrogations Deposition verbal and / or written Physical and / or mental examinations Simultaneous exchange of evidence Expert WitnessInformation

The defendant may serve on Discovery to you, through your attorney immediately. You may Discovery to the defendant to serve 10 days after the date they are served. The various aspects of the discovery will be discussed in Part V.

(C) 2009 Renee Benzaim

Personal Injury Cases Part IV - Presentation of the summons and complaint handling