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Personal Injury Simple Steps to Filing a Personal Injury Lawsuit
Personal injury victims are injured through the fault of another person or group. The legal area of personal injury covers a broad range of cases, from slip and fall injuries to automobile accidents. Any case in which one person is hurt by another person's negligent or wrongful action, or inaction, may be considered personal injury. Most personal injuries include physical, emotional, and financial hardships. If you or a family member has been the victim of personal injury, our firm can help you receive the compensation you need. Please contact us today.
The Plaintiff, or person who has suffered an emotional, financial, or physical loss, will typically file what is referred to as a "complaint." Filing the complaint is synonymous with filing the lawsuit. By filing the complaint, the Plaintiff begins what is commonly called the "litigation." The complaint contains all of the allegations that the Plaintiff has against the Defendant or wrongdoer.
The Defendant files his "answer" in reply to the allegations in the complaint. Occasionally the Defendant also files a "counter-claim." The counter-claim contains allegations from the Defendant accusing the Plaintiff of some harmful action. By filing a counter-claim the Defendant is essentially alleging that the Plaintiff is the one to blame, not the Defendant.
So to review, the complaint is just that, it is the Plaintiff's opportunity to complain against the Defendant. In the answer, the Defendant indeed answers the Plaintiff's allegations usually by denying them. The counter-claim is the Defendant's version of the Plaintiff's complaint. That is, instead of responding to the Plaintiff's allegations (as the Defendant does in his answer), the Defendant sets forth his own allegations against the Plaintiff. These documents, and sometimes others, are called "the pleadings."
There are various time limits which come into play regarding filing and responding to complaints, answers, counter-claims, and other court filings. Perhaps most importantly from the Plaintiff's perspective is the statute of limitations. The statute of limitations varies from state to state and requires the Plaintiff to sue the Defendant within a certain amount of time (set forth in the statute or law of that particular state). If the Plaintiff misses the deadline imposed by the statute of limitations, the Plaintiff's suit will be forever barred and the Defendant will never be held accountable. As is apparent, a potential Plaintiff must be very vigilant regarding the statute of limitations.
Provided by Injuryboard.comCatastrophic Injury
A catastrophic injury can occur without warning and change someone's life forever. Whether it is due to an automobile accident, medical malpractice or a defective and dangerous product, the debilitating effects of a catastrophic injury are an emotional and financial nightmare for victims and their loved ones. Catastrophic injuries usually involve massive head and brain injuries, spinal cord injuries, including paralysis, loss of a limb, severe burns leading to scaring and massive wounds. After a catastrophic injury, the victim may undergo years of rehabilitation and be forced to change his lifestyle completely. Emotional problems such as severe depression, anxiety, stress and violent behavior are often the side effects of a catastrophic injury. Cognitive and communicative abilities may also be permanently damaged.
Victims of catastrophic injuries often file a personal injury lawsuit against the guilty party in the hopes of gaining some sort of financial retribution. Because injuries are usually so severe, catastrophic injury lawsuits seek millions of dollars in damages. Victims face expensive medical bills and a lifetime of lost earnings. Due to the extent of their injuries, most plaintiffs never see a workplace again. Their earning capacity greatly suffers. If the victim is only a child or young adult, a lawsuit will seek to acquire a lifetime of financial security an unfortunate victim is entitled to. An experienced catastrophic injury attorney is always required.
If you or a loved one has suffered a catastrophic injury, contact us to help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.
Provided by Injuryboard.com
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Business law is the area of law which involves the creation and needs of “business”. Business can be any activity or enterprise entered into for profit, usually a company, a corporation, partnership, or any such formal organization. If you or your corporation is in need of assistance with any business or corporate matter, our firm can help you. Please contact us today.
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Estate planning is the area of law relating to planning for the inevitability of death, such as obtaining life insurance to pay for the costs of a funeral, preparing a simple Will. More comprehensive planning such as preparing a more complex Will, Trust, and related estate planning documents may also be needed. It depends on the size of your estate and how comprehensive your needs are. You may also need assistance with other estate planning legal issues such as
- powers of attorney
- health care proxies
- irrevocable trusts to preserve assets for children and other family members
- revocable living trusts that reduce or eliminate the need for probate after death
- estate planning
- applications to Medicaid for health care assistance, at home and in nursing homes
- petitions for court-supervised guardianships
If you or your family is in need of assistance preparing a will or other estate planning document, our firm can help you. Please contact us today.
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Family law is the area of law dealing with family relations including divorce, adoption, paternity, custody, and support. If you or your family is in need of assistance with a divorce, custody and support issues, our firm can help you. Please contact us today.
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Real estate law deals with “property” consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it. This can include:
- Contracts and Transactions
- Land Use and Development
- Zoning, Permitting, Mapping and Entitlements
- Neighborhood Code Compliance/Zoning Violations
- Purchases and Sales
- Leasing and Management
- Eminent Domain/Condemnation
- Property Taxes
- Development and Historic Site Assessments
- Subdivision Approvals
- Property Owner Associations
If you are in need of assistance with any issues with regards to your property our firm can help you. Please contact us today.
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