Lawsuit Filed – Dealing With A Filed Lawsuit


Lawsuit Filed: Dealing With A Filed Lawsuit

lawsuit filedSometimes, no matter how carefully you tread, you would still find yourself being on the end of a lawsuit. If you happen to find yourself in this decision, you have to make sure that you plan your next steps carefully.

If you have a lawsuit filed against you, one of the things that you have to pay particular attention to would be the deadline to file for your response. In most cases, responses to a lawsuit filed should be submitted within 30 days. There have been cases where a person lost a lawsuit against him or her simply because he or she was not able to file a response on time.

In the off chance that you were not able to submit your response on time, you can ask for a cancellation of default judgment. Keep in mind, however, that you would need to submit a good reason why. Although there have been cases when a default judgment has been set aside, do not get your hopes up. It would still be up to the judge if the default judgment would be set aside.

Your Response to a Lawsuit Filed Against You

There are different types of responses that you can make use of in order to deal with the lawsuit filed against you. One of this is the general denial, which is typically used when you do not agree with anything on the lawsuit filed against you. Keep in mind that making a general denial does not necessarily mean that nothing in the complaint is true.

lawsuit filedAnother type of response is known as the demurrer. A demurrer is typically used when you want the court to know that you might have done something wrong but what you have done is not enough as to warrant a lawsuit. You have to be careful when making use of this kind of response as you are actually implying that you are guilty in one way or another.

If a lawsuit filed against you contains statements that you think are immaterial, vague, not legal, or is just a repetition of something that has been previously stated, you can file a motion to strike. This is one way of asking the court to take out a certain statement that you think is not necessary to the complaint being made against you.

Lawsuit Filed Against You: More points to Consider

Now, if you feel that the other party would have an unfair advantage over you if he or she files the complaint in a certain court, you can file a motion for transfer. This would give you the chance to have the lawsuit filed some place else. This is, however, something that would need a substantial reason from you.

lawsuit filedLastly, one of the ways you can deal with a lawsuit filed against you would be to file a motion to stay or dismiss an action. As with other motions that you might be filing, you have to make sure that you provide sufficient grounds why you want a certain action to be put on hold for a certain amount of time.

In order to be on the safe side, get the services of a lawyer whose expertise includes the situation you are in. There have been many cases when the simplest of case was lost simply because the person involved did not seek the help of a lawyer in dealing with the lawsuit filed against him or her. For more useful articles on lawsuit filed please browse through .

What Happens At a Personal Injury Trial

Personal Injury Trial

A personal injury trial is held when a plaintiff wishes to sue a defendant who is believed to hold fault in a personal accident or injury. The plaintiff must supply evidence and the judge makes the final decision. The defendant has a chance to counter-claim or refute any claims made by the plaintiff. If the judge supports the claim, the judge will then decide the amount that must be paid to the plaintiff.

There are six steps that are followed during a personal injury trial. Take a look below for brief details on each step. This is what you can expect to experience during your personal injury trial.

1) Jury Selection

One of the first things in any court trial is the jury selection process. The judge gets to question prospective jurors. In most cases, you and your client’s legal representatives get to question the prospective jurors. This is done to ensure they are mentally capable and unbiased.

Both parties have the ability to eliminate prospective candidates for simple reasons, such as gender and biased views. This is done to ensure your personal injury trial is fairly handled. Your final cast of jurors will consist of people your lawyer and the judge deem as acceptable, and that won’t have any particular bias against you.

2) Trade Opening Statements

Both your lawyer and your opposition’s legal representative will present an opening statement to the jurors. This stage does not include any showing of any evidence or examining of any witnesses. Typically, the plaintiff will give their statement first and the defendant will wait for them to finish before responding to their claims.

The facts of the injury must be given during the plaintiff’s statement. This must include the irresponsibility of the defendant, leading to plaintiff damages. This serves as a “catch-up” for the information the plaintiff plans to present in the actual trial, to influence a civil judgment in their favor.

3) Examine the Witnesses

The main evidence is exchanged and the arguments are made to the jury. At this time, the witnesses are brought to the stand and sworn-in to testify. The witnesses may be asked simple questions, but physical evidence may be shown to them as a part of the questioning in more serious personal injury trials. The defendant’s lawyer has the chance to cross-examine the witness after the plaintiff’s lawyer has finished.

Basically, the examination process starts with a direct examination from the party who requested the witness. A cross-examination is then done by the opposing party, unless their lawyer decides to stand pat and avoid asking any questions. A re-direct examination may be done by the original questioner as a way to better address facts pointed out or left hidden during the cross-examination.

4) Trade Closing Arguments

You and your opposition had the chance to explain the specifics of the personal injury case. You now have the chance to create a summary of the most important points. This serves as a recap for the jury, giving them a chance to take in all important facts from both parties.

During the closing argument, the plaintiff must attempt to prove the opposition is legally responsible in the accident or injury. The defendant must attempt to prove no liability, whether with concrete evidence or through holes in the plaintiff’s story.

5) Jury Instruction

This is where the judge presents the jury with the legal material they need to make the appropriate decision. This will serve as guidance for making the final judgment on whether the defendant is responsible for the accident or injury. Your judge will be responsible for determining the legal standards that must be used to measure responsibility by the respective jurors. This will factor by the specifics of your personal injury claim.

Both parties can give insight and speak their arguments on the matter. The judge will give formal jury instruction, which ensures the jury uses the legal variables properly and an appropriate decision is made. More importantly, the judge will outline specific types of claims, damages, and etc., so nothing gets stuck in the grey area during your trial.

6) Jury Verdict

The jury must deliberate together privately with the information they have and the legal standards they were given from the judge. This deliberation process can go on for as long as the jurors need, in order to achieve a uniform decision. When the votes are in place, the tally will be made and the judge will read the decision.

Unanimous decisions are always preferred, but some states do not require them. It may only be necessary to get something like a nine-to-three result from the trial, in order to execute the verdict. You can read up on the laws and regulations governing personal injury trials in your state to know exactly what to expect.