Personal Injury Law Blogs

10 Post-Car-Accident DON’TS

When accidents happen, we just want it over and done with so that we don’t have to deal with the hassle and think about it anymore. However, sometimes, if the proper procedures are not followed, time saving steps can get drivers into trouble. Here are 10 common mistakes that people make after a car crash:

  1. Drive Off

Even if the accident was very minor and both cars and drivers look fine, do not just nod at each other and drive off, even if it’s tempting to avoid the hassle. This is illegal, as it is considered failure to stop and render aid. All parties are responsible for stopping, exchanging information, checking on the other parties involved and reporting the incident to the police. You’d want them to stop for you, and, in any case, it’s the law.

  1. Stay in Traffic

Unless your car is physically incapable of moving onto the shoulder or off the main road, move all vehicles to a safer location. Make sure that everybody is out of harm’s way and not stepping into, or close to, traffic at any point. Safety first.

  1. Get Visibly Angry or Emotional

It is understandable to be upset or frustrated at the occurrence of a traffic accident, but it’s not a good idea to bring it up now or take it out on the other person. The other party or parties may not react well, and the situation could get a lot more complicated. These interactions after an accident are not personal, simply a matter of getting things resolved so that everyone can move forward.

  1. Apologize

Be polite and understanding throughout the entire process, but do not apologize. Admitting fault could possibly be used against you at a later time in court.

  1. Dismiss Calling the Police

When damages are minor, many people simply agree to settle things between themselves and the insurance company. But what if the insurance and contact information is incorrect or outdated? Then, without a police report, you have no proof that the accident happened at all. Just call to be safe, and many times police officers won’t come out to an incident if all damages are minor.

  1. Miss Any Information

Things that you need to make sure to get down correctly include contact information of all parties involved in the accident, contact information of witnesses, specific location of the accident, insurance company name and contact information, and details about all public officials involved (police department, report number, officer names, ambulance company, etc).

  1. Sign Anything

Unless you’re being asked by the police to sign something, don’t sign any unofficial documents. You aren’t under any obligations outside of those given by the law and law enforcement officials.

  1. Forget to Document

Take pictures! From the damage on the cars to the conditions of the road, take documentation of everything you can to keep facts straight and clear. If you don’t have a camera, write down very specific and detailed notes.

  1. Assume Your Car is Safe to Drive

Following a vehicular accident it is important to ensure that the vehicles involved are still roadworthy prior to leaving the scene. All brake and running lights should be inspected as well as a brief structural check to ensure that mechanical drive parts have not been damaged or are leaking fluids.

  1. Leave the Scene Before Everyone Else

Leave with or after the other drivers and police cars. You want to stick it out to the end of the situation so that you know everything has been resolved for the day.

 

If you’ve been involved in an accident, don’t be left in the dark; find a car accident lawyer who knows how to navigate the process and protect your rights.

 

Fatal Car Accident in Atlanta, Georgia: How do we Recover?

Fatal Car Accident in Atlanta, Georgia: How do we Recover?

car accident @ vestavia hills

Being involved in a car accident is nothing short of a hassle and a headache. First, there is a check to determine whether anyone was injured; then comes the interviews with police and car insurance companies. Unfortunately when someone dies as a result of the accident, the process takes a different turn and lives are impacted all around. The situation changes from investigating what would be considered a routine accident to determining whether vehicular homicide charges should be filed.

Motorists and passengers involved in a fender bender accident may or may not sustain injuries that require hospitalization and physical therapy. In many cases, fender benders are limited to police investigations and negotiations with insurance companies. The difference between a fender bender and a fatal accident is that legal authorities get involved to seek justice for the deceased. 

Beginning The Legal Process 

After police officers complete their investigation into the fatal crash, they forward their results to the district attorney or prosecutor’s office and ask for charges to be filed against the driver who caused the accident. Once the prosecutor files charges, the driver enters the criminal justice system after being arrested and formally charged with the death of the individual. 

As the wheels of justice grind slowly, family members of the person who died must plan for an unexpected funeral and pay burial expenses, medical bills, and other expenses related to the untimely car crash. 

Hiring An Accident Lawyer 

The family would be within their rights to seek compensation for their loss but figuring out the ins and outs of this process is a daunting task. If this weren’t enough, the family will now begin to follow the defendant driver’s court hearings. Having to deal with these issues is overwhelming, which is why a personal injury lawyer can help a family navigate through the legal system to receive compensation and recovery from their loss. Performing a local Internet search like Atlanta GA auto accident lawyers will you provide you with a number of resources for personal injury/accident lawyers who can provide you with competent counsel. Visit https://jnlawoffices.com/dui-attorney/ to gather all the legal information you need for your case.
 

Personal injury attorneys provide guidance for their clients, discuss legal options their clients have under the law, and protect their clients’ civil rights until their case is resolved.

To receive successful results, families should work with an attorney as cooperatively as possible. For an accident lawyer to win a case, the lawyer must prove that:

1. Family members were harmed in that they lost a loved one, and that another individual caused the harm.

2. The individual caused the harm either intentionally or through neglect. In accident cases, this can be proven through police and insurance reports, and a family’s documented expenses related to the accident, among other things.

To receive compensation, a family has a legal option to file a lawsuit against the defendant driver and his insurance company. Most personal injury cases do not go to trial because the accident attorney is capable of negotiating a settlement on the family’s behalf. 

Without a doubt, fatal crashes go well beyond the routine investigations of morning commute or rush-hour accidents due to the mandatory legal aspects of such situations. It is important for families to grasp these legal details and this is where a personal injury attorney can help. 

Families who are recovering from a tragic loss of their loved one should contact a personal injury attorney for a free consultation on how to receive compensation. 

 
Valerie Stout Cyrus is a freelance writer who frequently researches personal injury cases. She has found that Stokes & Kopitsky, P.A., Atlanta GA auto accident lawyers are seasoned attorneys who provide excellent representation to auto accident victims and their families in Georgia.
 
Photo credit: http://www.flickr.com/photos/digitizedchaos/5913334509/

Excessive working hours results in accident – is the employer responsible?

These days many people work long hours in difficult, demanding and, often, stressful jobs. And in today’s uncertain economic climate, employees can feel pressured to take on even more work in order to pay the bills.

Working excessive hours will, more often than not, lead to tiredness, and tiredness in the work place can be dangerous. Whether you’re handling heavy machinery, driving long distances or dealing with the public, working too many hours can have serious consequences.

So whatever your job, make sure you know your rights when it come to fatigue and accidents in the work place.

What are the employer’s responsibilities?

No matter what field of work you are employed in, your employer has a legal responsibility to protect you from accidents in the work place. This means that they must inform you of all of the risks of your job, make sure all equipment is safe to use and ensure that proper health and safety standards are in place.

They also have a duty to ensure that your work doesn’t lead you to becoming so tired or fatigued that you put yourself, or others, at risk.

If you work in a job that requires irregular work patterns, night work, strenuous physical activity or long periods of driving, you are especially at risk of becoming over tired through work.

In these cases your employer should take this into account and implement precautions to ensure that tiredness is kept to a minimum. This could include scheduling regular breaks or stating a maximum number of days or hours that can be worked without time off.

It is in the employer’s interest to ensure that all employees are alert and able to do their jobs to the highest standard. Although tiredness may be inevitable in some work, minimizing the consequences is beneficial for everyone.

What are the Employee’s responsibilities?

As an employee, you have the right to work in a safe and healthy environment, but you also have responsibilities of your own for the well being of yourself and your colleagues.

This means that if you are tired at work, you should tell your employer as soon as possible. If they don’t listen to your concerns, you have the right to contact the Health and Safety Executive without being disciplined at work.

You are required to take reasonable care not to put yourself or others in danger, so try and get as much rest as you can outside of work. If you’re taking any medications that may make you drowsy, inform your employer before you commence your shift.

What can you do to prevent an accident?

Most accidents happen in the afternoon. If you’ve started work early, this will often be the time when your energy levels are lowest so you can easily have a lapse in concentration.

Traffic accidents are especially more common in the afternoon, so if you drive a lot for work, this is when you may be most at risk.

To try and protect yourself and others from injury, try and take regular breaks. Make sure you eat a good lunch so your body has fuel for working and keep hydrated throughout the day.

If you do have an accident, report it

All work places should keep a book recording any accidents that happen, and all employees should know where this record is kept. Only very small companies are exempt from keeping a record. If you are injured at work, make sure that you write down the details in the log.

This will not only be beneficial if you ever wanted to make a claim against your employer, but will help to ensure that working practices are improved so that someone else doesn’t suffer a similar accident

Mesothelioma – A Malignant Enemy

The danger around you….

Asbestos. In popular use in walls and ceilings from the end of the 19th century. It helped absorb sound, was resistant to fire and chemical damage; useful as electrical insulation. It also held a dark secret.

When workers were exposed to the fibres or airborne dust particles – say during a renovation – this often laid the seeds of what would later become Mesothelioma. It can take 10-40 years for this rare and malignant form of cancer to show itself.

A difficult diagnosis.

It attacks the lining protecting the internal organs of the body; specifically the lungs (pleural) and abdomen (peritoneal); mainly in men. Cases have also been found in the testes and pericardium (the sac enclosing the heart).

Mesothelioma is a rare form of cancer – but it affects around 2,000 Britons annually. It is also very difficult to diagnose. Symptoms such as shortness of breath, chest wall pain and unexplained weight loss can suggest a range of other diseases. Usually, a biopsy is needed to confirm the diagnosis.

A poor prognosis.

Despite modest improvements in recent years, probably thanks to newer chemotherapy treatments and multimodality imagining, it can’t be ignored that the prognosis remains disappointing. Early detection and treatment does help; which is why it’s vital that a person’s GP should always know if they have been exposed to asbestos. This can included secondary exposures – such as washing asbestos dust-covered clothing.

Providing vital help.

Sadly, when someone has been diagnosed, it’s the beginning of a very difficult time for them and their family and friends. There is one area of worry – coping financially – where, thankfully, help is available. The National Asbestos Helpline has a team of lawyers, all experienced in fast-track asbestos disease-related compensation claims.

The government has recognised the need for quick interim compensation for Mesothelioma sufferers. These claims, representing up to £50,000, can often be completed within just 4-6 months. The National Asbestos Helpline can be contacted on 0808 163 3708, or on the web at www.nationalasbestos.co.uk.

Times have changed.

The import, sales and second-hand reuse of Chrysotile (white asbestos) was outlawed in the UK from 1999; brown and blue forms had already been banned in 1985. Recent regulations have placed a “duty to manage” asbestos on companies in non-domestic buildings.

This has come too late for those who face an uncertain future – through no fault of their own – fighting a malignant enemy.

Social Media Can Be Used As Evidence in Personal Injury Cases

By Lauren Williams, Legal Blogger for the Law Offices of Michael J. Brennan, Chicago, Il

Persons who have been injured and intend to, or have already initiated a lawsuit show be wary of what they post on social media site such as Facebook & Twitter. Setting your facebook account to ‘private’ isn’t enough to ensure that what is posted on Facebook will actually remain private;  As the court stated in McMillan, Facebook posts are not truly private and judges may rules  that information is relevant to defenses’ case in discovery.

In recent years, a number of landmark cases have resulted in social media and online content attributed to the plaintiff being allowed to be used as evidence.  Defense attorneys are more frequently learning how to use social media as a litigation tool, by using civil subpoenas to request information about the plaintiff directly from social networks.

While the majority of cases, the courts usually grant requests for court orders to access social media profiles, it’s not always the case; in Arcq v. Fields, the court denied defense counsel’s requests to access a plaintiff’s social networking sites, suggesting that the defendant needs to show something more than “The plaintiff has a Facebook page and there might be stuff on it.”

Some social networks, including Facebook, have resisted these requests as an effort to protect users privacy, citing the “Stored Communications Act”;

“Even when a subpoena is provided, the company still may decline to give information. For example, last year Facebook successfully fought the state of Virginia’s demands to hand over the contents of a user’s accounts to settle a dispute over workers’ compensation.”

“Stored Communications Act”

Social media user’s account information is protected under the Stored Communications Act (SCA), which requires account holders’ permission to distribute their personal information to third parties. A plaintiff cannot use the SCA to avoid a court order to disclose personal information.

Despite protection under the SCA, courtrooms are admitting evidence obtained from some social media accounts without the user’s consent.  Defense counsel are simply using subpoenas, or requesting for court orders to obtain user account information.

[1] http://www.switched.com/2010/09/30/ny-judge-says-facebook-posts-can-be-used-as-court-evidence-ev/
[2] http://jolt.law.harvard.edu/articles/pdf/v24/24HarvJLTech563.pdf
[3] No. 06-CV-01958-WYD-MJW, 2009 WL 1067018, at 1 (D. Colo. Apr. 21, 2009)

Food manufacturing company heavily fined after worker suffers injury

A Suffolk food manufacturing firm has been heavily fined after a worker suffered serious injuries at work because of health and safety breaches.

Mr Attila Czege, 34, was working for Indo European Foods Ltd when the accident happened on 20 September 2012.

Mr Czege was working on a production line which was bagging rice when his arm became trapped and entangled in an unguarded conveyor belt. His right arm was pulled into the machine and was pulled through a heavy roller at the end of the conveyor, trapping and injuring his right arm. This resulted in Mr Czege fracturing his right arm in multiple places and having to undergo three surgeries in two weeks in order to repair the damage.

The subsequent Health and Safety Executive investigation found that the conveyor had been in the factory for a significant period of time without being properly maintained in order to prevent injury to workers. An example of this lack of maintenance found was the failure to install guards to prevent access to moving parts in the conveyor belt.

The case came to the Ipswich Magistrates’ Court on 20 August 2013. The court heard evidence from the Health and Safety Executive and from witnesses from the company. The company pleaded guilty at the hearing to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. It was fined £16,000 by the Magistrates’ Court and ordered to pay costs of £910.65 as well as a victim surcharge of £1,600.

It is not currently known whether Mr Czege has or will claim personal injury because of his accident.

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented: “Companies have an obligation under Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 to ensure that measures are undertaken to prevent access to dangerous parts of any machinery or stock bar or to prevent the movement of any dangerous part of any machinery or rotating stock bar before it becomes dangerous to any person. The Magistrates’ Court clearly felt in this instance that the company hadn’t complied with the substance of the regulations.”

HSE Inspector Saffron Turnell said after the judgment: “This incident could have easily been avoided as action to guard the machine adequately was quick and inexpensive. It is disappointing that Indo European Foods Ltd failed to satisfactorily heed the earlier advice of HSE. Instead, Mr Czege suffered a serious and painful injury which resulted in several months off work.”

Redmans Solicitors offer employment law advice and can help you claim personal injury

Premises Liability: Ohio “Recreational Use” statute

recreational use

Ohio, like all other states, has enacted a “Recreational Use” statute that provides landowners immunity from civil lawsuits if certain conditions are met.  In order to encourage property owners to make their land available to the public for recreational use states decided to shield such landowners from liability against premises liability lawsuits.

Ohio’s legislature first enacted the Ohio Recreational Use statute in 1963.

It defines recreational use as hunting, fishing, trapping, camping, hiking, swimming, operating a snowmobile, operating an all-purpose vehicle, operating a four-wheel drive motor vehicle, as well as engaging in “other recreational pursuits.”  If you’re new to dogs and camping, learn from the camping authority at Techie Camper.

Generally, under premises liability law, a landowner has a duty to those who are on his or her property to provide a reasonably safe environment.   If the landowner fails to do so, then he or she would be liable for property damage or personal injury that resulted from such a breach of duty.  Under the Recreational Use statute landowners owe recreational users no duty of care.  This means that a landowners does not have to make sure the property is safe from hidden dangers or warn recreational users of hazards.  Ohio landowners have successfully defended premises liability claims based on recreational user immunity in cases where a motorcyclist was injured and his passenger killed when he hit  a tree that had fallen into a pathway,  Estate of Finley v. Cleveland Metroparks, (2010), 189 Ohio App.3d 139;  where a skater was injured while trying to avoid a vehicle, Gudliauskas v. Lakefront State Park, 2005 WL 2711087; and where a rolling garbage bin damaged a parked vehicle, Raymond v. Rocky Fork State Park, 2003 WL 22765268.

However, there are limitations to recreational use immunity.  A landowner loses protection under the statute if he or she charges the public a fee to use the property for recreational purposes.  A landowner  would also likely not be protected if the landowner’s willful or malicious conduct resulted in injury to a recreational user.  Furthermore, Ohio courts seem to be willing to narrowly interpret the Recreational Use statute.  For example, the Ohio Supreme Court  did not allow a governmental landowner to assert recreational immunity where an activity on the premises was distinct from the recreational premises itself.  In Ryll v.  Columbus Fireworks Display Company and the City of Reynoldsburg, 95 Ohio St.3d 467 (2002), Daniel Ryll was killed on July 4, 1996 when shrapnel hit him during a fireworks display.  The Supreme Court of Ohio held that there was no recreational immunity available for the City of Reynoldsburg because Ryll’s  injury was caused not by the recreational premises, but by an activity on the premises.

A result of recreational use immunity statutes such as Ohio’s is that there are more locations open for recreational activities than there would likely otherwise be.  In the absence of such immunity many landowners would be unwilling to take on the financial risk, putting a greater burden on municipalities to fund recreational locales.  On the other hand when recreational users are injured, they often experience significant financial burdens as a direct result, including medical bills, property loss and lost wages.  While it is admirable for Ohio and other states to encourage public recreational use of private property, is it fair for victims and their families to have no legal recourse?

College Stats: Deaths and Injuries Related to Hazing

Hazing traces its roots back to at least the 1600s, but it is no longer legal in most states. In fact, hazing practices have become so extreme that it is estimated that at least one person dies from being hazed every year. When you combine this with all of the people who have suffered adverse consequences such as alcohol poisoning, it is no wonder that hazing is expressly forbidden by most universities.

However, this does not mean that hazing no longer exists. Instead, many fraternities and other organizations have simply taken steps to hide their hazing rituals. In some instances, they have also altered their rituals in a way that can still lead to deadly results. For example, one pledge at California State University Chicago died from being forced to drink too much water.

What Exactly is Hazing?

Hazing is considered to be a way of increasing the bond between a group of people who are in the same organization. It is most common among fraternities and sororities, but there have been reported instances of hazing in a wide list of different places, including professional businesses and the military. During the hazing process, the new members or pledges of an organization are forced to prove their devotion to the group by undergoing a series of tasks and punishments.

For example, a new pledge might be forced to drink an excessive amount of alcohol or they could even be forced to run across campus without any clothes on. At the end of the hazing ritual, the successful pledge is supposed to be welcomed into the fraternity or organization with open arms, and they will then be given the opportunity to haze new members in the future.

Why is Hazing Illegal?

Unless you are in Alaska, Hawaii, Montana, New Mexico, South Dakota or Wyoming, it is considered to be a crime to participate in hazing. However, even though there are six states that do not have specific anti-hazing laws, this does not mean that you cannot get into legal trouble in those states if your actions cause another person to become seriously injured or die. Additionally, each university in those states has the right to determine their own code of conduct, and you could be expelled if you haze someone.

Hazing has become illegal in most areas because it can lead to serious consequences. As previously mentioned, a pledge in California died from drinking too much water in 2005. In 2011, a member of the Florida A&M marching band died from a hazing related incident. Sadly, these issues are not isolated, and the list of people who have been seriously injured by hazing rituals is very long. Many of these issues involve alcohol poisoning, and a fraternity at Cornell University was found guilty of manslaughter after a pledge died from drinking too much in 2011.

What Will Happen if I am Convicted of Hazing?

The severity of the incident and the state that you are in will determine the legal consequences of your actions. A SanDiego Judge or Minneapolis criminal defense attorney will attest to the fact that if you are involved in a hazing ritual that leads to someone’s death some states will fine of up to $10,000, and you can be sentenced to up to 15 years in prison.

Because hazing is such a serious issue, it is always best to avoid participating in this practice. However, if you are involved in a hazing incident that leads to a serious injury or death, it is imperative to contact an attorney immediately.

Writer Nickey Williams lived the sorority life for years and acknowledges that hazing is prominent on college campuses, and reasonably cites the dangers that are in direct relation to it. Minneapolis criminal defense attorney Kevin DeVore is aware fully aware of Minnesota’s’ anti-hazing statute and will readily defend any client accused of such behavior in a delicate yet unyielding manner.

Mirena IUD Caused Injury? You May Be Eligible for Compensation

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Many women today use some form of contraception as a way to plan the size of their families. While most birth control is safe to use, other forms cause women to suffer serious health problems. Bayer Pharmaceutical’s Mirena IUD in particular has proven to be one of the more detrimental forms of birth control on the market.

Many users of this brand of IUD now suffer from a variety of health problems, prompting them to pursue legal action against Bayer Pharmaceuticals. They contend that this company knowingly marketed a product that is dangerous and misled the public about its potential to harm women’s health.

Misleading Information

Many women who bring lawsuits against Bayer argue that the pharmaceutical giant knowingly put a product on the market that could cause women to suffer devastating conditions like pelvic inflammatory disease, ectopic pregnancies, miscarriages and infertility. Plaintiffs in these suits contend that the company failed to provide adequate information about the potential for these conditions and in fact understated the side effects this IUD could have on women’s well-being. 

Faulty Design

Plaintiffs also argue that Bayer purposely marketed a product that had plentiful design flaws that could harm a person’s cervix and uterus. Women who have brought lawsuits against the company report that they now suffer from illnesses including weakened cervix, intrauterine infection and endometriosis because of the IUD’s flawed hormonal release features. Despite many women having these devices removed, a significant number of former users now report that they still suffer from permanent gynecological issues because of this product’s flawed design.

Breach of Contract

Women who are suing Bayer in court report as well that the company failed to back up its own warranty for the Mirena IUD. The company failed to refund consumers’ money or replace the IUD with a suitable substitution. Plaintiffs say that the company’s unwillingness to acknowledge their concerns about Mirena or refund their money violates Bayer’s own warranty and its contract with its customers.

If you are a Mirena user and have suffered harmful effects to your health, you may wonder what recourse you have against Bayer and what steps you should take to file a lawsuit. You may pursue legal action against the company by following these tips:

Retain an Attorney

Before you take any action, you should first hire an attorney who specializes in lawsuits and consumer protection law. Without adequate legal counsel, you may not be aware of what information the court needs to decide your case. Hiring an attorney and allowing this professional to guide you in your lawsuit against Bayer can ensure your case’s success.

Get Medical Proof 

As you pursue action in court, you would also do well to secure medical proof that you have suffered physical problems because of Mirena. You should see your primary care physician or gynecologist as soon as possible so that these records are available to your counsel and the court immediately. If you have suffered a miscarriage or ectopic pregnancy, you should also provide documentation of your surgery or D&C to your attorney. 

While many forms of commercially available birth control are safe and effective, other forms have proven to be dangerous. Bayer’s Mirena IUD is known to cause significant gynecological issues that have prompted women to pursue legal recourse against the company. If you have suffered poor gynecological health because of Mirena, you too could be eligible to take action against Bayer.

 
Valerie Stout Cyrus is a freelance writer who frequently researches medical malpractice issues. She discovered Maryland Injury Lawyers Price Benowitz LLP at http://medicalmalpractice.maryland-injury-lawyer.com enable victims of prescription errors and medical device malfunctions to hold medical practitioners and pharmaceutical companies accountable.
 
Photo credit: http://www.flickr.com/photos/dno1967b/8726068930/

Essential Pieces of Civil Procedure

The American legal system is divided into two specific and equally important sections: criminal law, and civil law. Under this system, only a criminal proceeding can result in the individual receiving a punishment, in the form of a prison sentence or a monetary fine. Additionally, criminal charges can only be filed by officers of the court, who have been granted prosecutorial powers by a governing body. On the other hand, civil proceedings deal with legal disputes involving two parties viewed as private individuals, and can never result in a jail sentence. Although the regulations allow for civil lawsuits to be filed against any governing body in the United States – and vice-versa allow the state and federal agencies to file civil charges against private individuals – the specific government will not, in the vast majority of cases, be afforded the same privileges it enjoys in criminal trials.

• United States Civil Law: Basic Rules and Concepts

As already emphasized, the most important characteristic of American civil law is its capability to grant financial restitution to the winning party, while lacking the power to impose any type of criminal punishment. All civil matters will involve a dispute between the plaintiff – the individual filing the lawsuit and seeking compensatory damages – and the defendant – the person or party believed to be legally liable for the plaintiff’s loss. Additionally, the burden of proof in civil matters is significantly different from the one accepted in criminal trials, and relies on a concept known as “preponderance of evidence”. Unlike the notion of “reasonable doubt” that places the burden of proof on the prosecution and requires unanimous “guilty” verdicts in criminal cases, juries in civil trials are allowed to select one party’s version of events, even if they have remaining doubts regarding some of the presented evidence and arguments. However, the plaintiff’s case still has to be legally sound, before it may be allowed to proceed to jury trial.

• United States Civil Law: The Complaint

All civil action must begin with a formal complaint, filed by the plaintiff with the appropriate court, which must include several important pieces of information:

1. The complaint is required to name the party believed to be at fault, referred to as the defendant – or the respondent if the case falls under family law.
2. The plaintiff must provide their own version of events, and the legal reasoning that makes the defendant directly responsible.
3. The complaint must specify the damages being sought by the plaintiff as compensation for the defendant’s conduct.

In addition to the complaint, the plaintiff will also have to request a summons notifying the defendant of the legal action filed against them. Usually, only after the other party is formally notified, can the civil action be allowed to proceed.

• United States Civil Law: Pre-trial Motions and Depositions

The pre-trial phase plays a very important part in civil cases, and less than 1% of cases actually proceed to trial. Oftentimes, cases will be settled during the pre-trial stage to limit the costs of continuous legal representation. Additionally, both the plaintiff and the defendant may file various motions for action with the court, with the following being the most common in American civil cases:

1. Motion to Discover – usually filed by the plaintiff with the court, to gather all information related to the case, currently in defendant’s possession.
2. Motion to Dismiss – filed by the defendant, asking the judge for dismissal of the complaint because it lacks legal basis.
3. Motion to Compel – filed by either party in belief the information received during discovery is purposely incomplete
4. Motion in Limine – a request made by either party to specifically include (or exclude) any evidence that normally would be viewed as overly prejudicial.

In addition to the above motions, the discovery stage will also include formal depositions case. During a deposition, the attorneys are allowed to question anyone related to the facts of the case, including the plaintiff and the defendant. Also, all individuals being deposed have to be sworn in first, and there will usually be a court reporter present that records the given statement into evidence.

• United States Civil Law: The Trial

Although most civil cases are resolved during the pre-trial stage, a small number of cases do proceed to trial. In such instances, both parties must present their witness list to the court usually at least one week before the start of the trial, although the specific requirements may differ based on particular jurisdiction. Similarly, all evidence exhibits that will be presented must be properly labeled, known to both parties, and the list must be filed with the court. The plaintiff will always be required to present its case first, before the defendant offers its own counterarguments. Once both sides rest, and give their closing arguments, the case will be forwarded to the fact-finder, which may be a jury panel or the presiding judge. If the fact-finder finds for the plaintiff, the judgment will be accompanied by compensatory damages, as well as possible punitive damages. On the other hand, if the verdict supports the defendant’s position – unless a countersuit is filed – no financial restitution will be ordered.

References:
Federal Rules of Civil ProcedureU.S. Federal Court: Courtroom and Trial Procedures

Byline
Daniel Bernstein is a freelance writer who focuses on a variety of topics such as Banking Law, Contracts, Civil Procedure, Finance, Accounting, Tax Law, Taxation and other subjects; those interested in finance may want to check out the accounting jobs with moneyjobs.com by visiting moneyjobs.com.