Injury Case Roadmap: The Legal Process For Personal Injury Cases

Often times trying to negotiate a reasonable settlement
with the insurance company is a waste of time. More and
more insurance companies are taking a very aggressive
stance in settling accident claims. Certain carriers have a
reputation for making unreasonably low settlement offers,
even if the injuries are severe. Often times the insurance
companies use pre-lawsuit negotiations to find out as much
as possible about you, your lawyer and your doctors. This
can result in the unfair advantage to the insurance company
not to mention a complete waste of time and effort for you.
For these reasons, it may be advantageous to file a lawsuit
immediately and then continue negotiating the claim if
possible. Once a lawsuit is filed, the court will set
certain deadlines including a trial date. These deadlines,
and in particular a trial date, can help motivate the
insurance company to make reasonable and diligent attempts
to settle the case.

To start a lawsuit, papers must be filed in court and a
filing fee paid. These papers are called a "summons" and
"complaint." When a person files a lawsuit he or she is
called the "plaintiff." The person or corporation that is
being sued is called the "defendant." The plaintiff must
personally serve a copy of the summons and complaint on the
defendant. You only have a certain amount of time to settle
your case or file a lawsuit and then personally serve the
defendant. In Washington, this time is usually three years
from the date of the accident.4 This deadline is called the
"statute of limitations." It is a dangerous practice to
wait to settle your claim right before the statute of
limitations period expires. If you have to file suit right
before the deadline and you cannot find the defendant or if
you serve the wrong defendant, your case could be dismissed
and you get nothing. For this reason, you should not wait
to hire an attorney right before the statute of limitations
is about to expire. Many attorneys, including myself,
refuse to accept a case where there may be insufficient
time to investigate the case, file suit and locate and
personally serve the defendant.

After the lawsuit is filed and the defendant is served,
both sides participate in a process of asking for and
exchanging information about the case. This process is
called "discovery." Each side is allowed to investigate
what evidence and witnesses may be used at trial. The
discovery process may entail sending or answering written
questions (called interrogatories) and requests for
documents and other tangible materials that are relevant to
the case. The defendant's attorney will also be allowed to
access your medical records and work history, including
your financial records.

The discovery process may also include depositions. A
deposition is a face-to-face meeting where the attorneys
are allowed to ask a witness questions under oath while a
court reporter transcribes the session. Any witness that
may offer testimony at trial can be deposed, including you,
your doctors, and your friends and family. If your
deposition is requested, it is very important that you
prepare for this with your attorney. Your conduct at the
deposition can influence the value assigned to the case and
also affect the likelihood of whether the case will settle
before trial.

When a lawsuit involves a claim for personal injuries, the
other side may be permitted to have their own doctor
examine you. Therefore, the discovery phase may also
include a request by the other side that you submit to a
medical examination and/or psychological evaluation.

There are specific criteria to be satisfied before an
involuntary medical examination of the plaintiff is
allowed. In my office, we have a fairly specific
stipulation that must be signed by the other side which
imposes several conditions and restrictions on how the
examination may proceed.

Depending on which county your lawsuit is filed in and the
complexity of the case, the discovery phase can take many
months or sometimes years. When discovery is completed, and
each side knows what evidence will be offered at trial,
this is the time when the parties may conduct settlement
discussions. Sometimes the parties will engage in
alternative ways to resolve the case, like mediation. In
mediation, the parties agree to hire a retired judge or an
experienced attorney who will assist the parties in
reaching a settlement. Mediation is voluntary and
nonbinding (unless a settlement is reached). A mediation
session is also confidential so anything that is said
during the session cannot be used at trial. Many times
mediation can be used to successfully resolve a case.
Mediation sessions can occur in one day or last several
days depending on the size and/or complexity of the case.

If you fail to settle the case after discovery has ended,
the case will then proceed to trial. Each side has the
option of trying the case before a judge or jury. If a jury
is requested by one side, a jury demand must be filed in
court and a fee must be paid. The court rules usually
require that certain documents must be filed and exchanged
within 30 to 60 days before the trial date. These documents
may include witness and exhibit lists, motions, trial
memorandums, and jury instructions.


----------------------------------------------------
Mr. Davis is the founder and CEO of the Davis Law Group.
He brings over 15 years of practical yet innovative
experience to personal injury cases. He practices law in
Seattle, WA. http://www.InjuryTrialLawyer.com . Mr. Davis
is the author of "The Ten Biggest Mistakes That Can Wreck
Your Washington Accident Case" complimentary copies are
available at http://www.washingtonaccidentbook.com

What Does It Mean To Handle Your Divorce Pro Se?

Simply stated, to handle your divorce pro se, is to
represent yourself throughout the proceedings without the
assistance of a lawyer.  You are, in fact, your own lawyer,
representing yourself.

The expense of divorce is the main reason that one decides
to represent himself, pro se.  The cost of a divorce,
including attorney fees, can range from fifteen hundred
dollars for an uncontested case to five figures for a
contested case. Thus, it is no wonder why many people
decide to file on their own without an attorney. This is
known as filing Pro Se. A pro se divorce where both parties
are in agreement can be accomplished without an attorney.
However, I would never recommend that someone files pro se.
The process has become more and more specialized in terms
of what documents need to be filed and the rules which must
be complied with in finalizing the case.

Sometimes, but not often, self-representation is possible.
It truly depends upon the issues involved and the
capabilities of the pro se litigant. It has worked in
situations where: Both parties agree; There are no minor
children; There are no issues in dispute; The party can
dedicate the time to learn the process; There is no
property to divide;

Importantly, many courts are not amenable to pro se
litigants. The law and procedures must be followed just as
if an attorney were involved. The court cannot make any
accommodations simply because the person is not represented
by counsel.

A pro se litigant can hire counsel at anytime during the
proceeding.  Thus, a person can do the best he can until
the case is set for trial and then hire counsel to assist
at the trial.  The downside is that most attorneys will
want a large retainer if the case is going to trial.  A
trial can last from days to weeks.  Further, the attorney
will have to catch-up and review what has occurred during
the initial phases of the case.  Lastly, the attorney will
not have the ability to engage in further discovery or
other fact finding protocols if the pro se litigant had
previously waived the opportunity.  For these reasons, it
is not recommended that one represents himself pro se,
unless the case is highly uncontested and no unresolved
issues remain between the parties.  For contested cases, it
is always recommended that a highly skilled, experienced
attorney, handle the lawyering for the client.


----------------------------------------------------
New York City divorce and family law firm handling divorce
and family law cases throughout New York City and the
surrounding areas. Results driven law firm with experience
and skill to handle the most difficult cases.
http://www.divorce-lawyers-newyork.com

 

Getting a Divorce? What you can expect in Texas?

 

You live in Texas, you have just been served with divorce
papers, and you have no idea about what the process
entails.  This article will provide some answers to those
questions; however, it should be noted that everyone's
circumstances are different and just as no two marriages
are alike, no two divorces are alike.   Thus, every divorce
has its own outcome.

Mental Preparation for the Divorce Process

Usually when you think about divorce, you have some notion
as to what it entails. You may have watched characters in
movies or television soap operas going through a divorce,
or maybe your co-worker, best friend, or neighbor may have
confided in you. Perhaps, your own parents have gone
through a divorce. However you may have encountered it,
facing this type of a proceeding can be very stressful and
can cause you emotional distress. Not only are you faced
with the prospect of losing your spouse, nut you suddenly
have to think about a multitude of other unpleasant
circumstances such as making new living arrangements,
division of property; and, if there are children involved,
you will then have to come to terms with the possibility of
not being able to see them on a daily basis. Therefore, it
is important to understand the process, so that you are
better prepared for what lies ahead.

Division of Property

The first thing you need to understand is that a divorce is
a lawsuit. One spouse sues another to terminate the marital
contract. After the Original Petition is filed, one of the
first things that a divorce court will do is devise a plan
for the division of property. Texas is a community property
state. Community property is defined as all property
acquired during the marriage except property acquired by
inheritance or gift. Separate property is that which you
owned before marriage and that which you acquired by gift
or inheritance. With regard to property, it is the job of
the Court and/or jury to divide the community property and
to determine the character of property in the marital
estate. The court's only guidance by Statute with regard to
property is to make a "fair and just" division of the
property. Depending on the facts of the case, the property
will not necessarily be divided evenly. The Court takes
various factors into account such as fault in the breakup
of the marriage, age, education, work experience, and
earning potential, to name a few. The Courts generally
require an inventory of the property. The parties are free
to work out their own division of the property and the
Court will encourage you to make an agreement on the issue
of property division as well. However, all agreements are
still subject to approval of the Court.

Support Obligations

The next thing to consider is that a divorce court will
ultimately determine the couple's support obligations,
which might include spousal support; however, the award of
spousal support in Texas is very rare and only occurs under
very specific circumstances. And, if there are children,
child support will be awarded to the custodial parent. The
amount of child support is statutory and is based on an
equation used to calculate your net income. If temporary
spousal support is awarded, it is often awarded at a
temporary orders hearing on a temporary basis, where one
spouse is unemployed or earning significantly less than the
other spouse. There are no set guidelines for temporary
spousal support, thus the party seeking support should be
prepared to show what his/her needs are and what resources
are available to the other spouse to meet those needs.
Permanent spousal maintenance may also be awarded in
certain situations. Child support payments are largely set
by state law, however, deviation from those standards are
not uncommon. Also, child support orders may depend on the
custody arrangements ordered.

Child Custody and Visitation Schedules Lastly

When there are children involved, the divorce court is also
responsible for setting child custody and visitation
schedules. The court is required to make their decisions
based on a set of factors that promote the best interest of
the children, which can vary depending on the
circumstances. Based on a limited view into the parents'
lives, a divorce court may not always make a decision that
serves the best interests of the children when it comes to
determining custody rights. Therefore, it is important to
consider negotiating a child custody arrangement that is
mutually acceptable, as it will benefit everyone involved
in the divorce proceedings, especially the couple's
children. Absent an agreement by the parents and sometimes
in addition to an agreement by the parents, the Court will
insert something called the Standard Possession Order into
the final decree. The Standard Possession Order is a set of
guidelines based in statute which outlines child visitation
standards.

A divorce is a lawsuit

One party is served with a Petition, the other party
answers, temporary orders are addressed, discovery is
conducted, and, then, the Court enters a final order.
Having an experienced attorney guiding you through the
process and knowing what to expect serves as a good
beginning point for a satisfactory end to your marriage.


----------------------------------------------------
Smith and Garg LLC
Author Brian Smith
http://www.smithgarglaw.com

5 Common Misconceptions About Filing Bankruptcy

1. If I file for Bankruptcy I will lose all of my property.

This may be the biggest misconception surrounding filing
for bankruptcy.  Every person who files for bankruptcy can
protect a certain amount of property while still
eliminating all or a portion of their debt.  Depending upon
the state in which the person lives, there are state and/or
federal exemption laws that permit a person to shield a
certain value in property.  In most Chapter 7 bankruptcy
cases, people keep all of their property.  They can even
keep their homes and cars provided that they continue to
make timely payments on those items.

2. If I file for Bankruptcy Everyone Will Know About It.

Unless you're a celebrity, the fact that you filed for
bankruptcy will not become  generally known.  A person
would have to know exactly where to look to see if your
name was among the recent filings.  You can even prevent
your current employer from learning about your filing.  An
exception to that would be if bankruptcy papers needed to
be sent to stop a garnishment.

3. If I file for Bankruptcy I Will Never Get Credit Again.

This is simply not true.  In fact, many lenders
aggressively target those that have recently filed.
Although the interest rate may be higher than normal, the
opportunity for credit still exists.  If a person can wait
two years before seeking credit after a bankruptcy, he will
see an interest rate much closer to that of a non-filer.
With regard to autos, it's relatively easy to obtain
financing after a bankruptcy.  In fact, some lenders will
even provide financing before the current bankruptcy case
has ended.  In any case, the evidence of bankruptcy filing
will be removed from a credit report after 10 years.

4. If I file for Bankruptcy All of My Debts Will Be Wiped
Out.

This all depends upon the type of debt that a person has.
In some cases, there are debts that are not eliminated.
These may include student loans, recent taxes, child
support, maintenance, parking tickets and debts incurred
through fraud.  Consult with an experienced bankruptcy
attorney to discuss the particular debts that you have and
the likelihood that they will be eliminated.

5. If I file for Bankruptcy I Can Choose Which Creditors to
List.

All of your creditors must be listed on your bankruptcy
petition.  Although you can voluntarily pay back any
creditor you desire, you cannot omit that creditor from
your list of creditors.  Clients often like to keep a
credit card free and clear from their bankruptcy filing.
They think that by not listing the particular creditor,
they will be able to keep the credit card and continue to
use the charging privileges.  This is simply not the case.
Many credit card issuers subscribe to a service that
notifies them of newly filed bankruptcy cases.  Don't plan
on keeping a credit card after your bankruptcy filing.


----------------------------------------------------
David M. Siegel is the author of Chapter 7 Success: The
Complete Guide to Surviving Personal Bankruptcy.  He is a
member of the American Bankruptcy Institute and currently
practices bankruptcy law in Chicago and its surrounding
suburbs.  Additional information is available at
http://www.bankruptcy-lawyers-chicago.com .