Motions Phase. The defendant can file a motion before or after discovery is complete to get the Court to take action on their behalf. The motion can ask the Court to dismiss one or more of your claims or even the entire case. Your attorney typically has 28 days to file a written response in opposition to the motion. Sometimes a hearing is held so that the Court can consider both sides of the arguments.
Complaint and Answer Phase. The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must “answer” the Complaint in a set period of time, usually 30 days. The Answer is the document in which the defendant admits to or denies the allegations of the Complaint.
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors. Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.
My wife and I were represented by Mr. Salinas for an incident involving a tractor trailer that left us in bad health. Wi…thin a year after this terrible event, he fought and won on our behalf against the company and sought that we were fully compensated for what we had suffered. Even though our case is over, we still stay in communication from time to time. Excellent advocate, knowledgeable attorney, and caring counselor.more »
People wonder why attorneys will not accept their case and this article is written to give a brief overview of the issue. After someone has been injured they may believe they have a case but cannot find an attorney who will accept the case. In order to help you understand why, we list below some of the things that may be helpful for your consideration.