After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing. If you do not get a date 30 days after you have filed your answer, call the clerk's office at your court.
The Defendant Hires an Attorney The defendant will typically have a month or more to find an attorney before his or her first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take on the case should not prove difficult.
The Defendant has to answer within a certain time (usually about three weeks). The Answer says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against the Plaintiff or any other party.
Along with the complaint, the service papers will tell the defendant the date by which he or she must "appear" in court. The defendant will typically have a month or more to find an attorney before his or her first court date.
Settling a FELA Case It could take around two months from the initial demand for your case to be settled, at which point you will know what to expect. The railroad may face delays while they wait for authority. Your lawyer will only file a suit if no settlement is reached.
What is FELA? FELA claims are similar to workers' compensation claims in that both systems are designed to compensate injured workers for injuries suffered while working for employers. However, the similarities between the two systems generally end there.
railroad workers§51 et seq., or “FELA”, was enacted by Congress in 1908 in response to dangerous conditions railroad workers faced during the expansion of the United States. As such, FELA covers railroad workers that are injured while employed by the railroad (common carrier).
The FELA gives the injured employee the choice of commencing a lawsuit in the federal or local state courts. The FELA also reduces the injured employee's burden of proof by merely requiring that the employee prove that he sustained injuries, due in whole or in part, to the negligence of the railroad.
Unlike "no fault" workers' compensations laws under which an injured worker does not need to establish any fault by the employer, if you bring a claim under FELA you will need to show that the defendant (such as a railroad, its employees, or an equipment manufacturer) was somehow negligent and caused your injuries.
LIABILITY — FELA is not a workers' compensation act. Under FELA you are entitled to collect a claim if there is evidence that the injury was caused, in whole or part, by fault or negligence on the part of the railroad, including the failure of the railroad to provide a reasonable safe place to work.
The Jones Act is a federal law that gives seamen who were injured in the course of their employment the right to sue their employer for personal injury damages. Unlike almost all land-based workers, seamen are not entitled to workers' compensation benefits under either state or federal law.
Voluntary Compensation Maritime Coverage Endorsement — allows an employer with maritime workers compensation exposure to offer benefits of the state designated in the endorsement to an injured employee or survivors of a deceased employee.
The Defendant has to answer within a certain time (usually about three weeks). The Answer says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against the Plaintiff or any other party. If the Defendant doesn't answer the ...
It's hard to say how long all these steps will take in your case. The entire process can take from as little as six months, to as long as years.
A civil action (as opposed to a criminal or family proceeding, for example) begins with a Complaint, usually accompanied by a Summons. A Complaint is a legal document that lays out the claims that the Plaintiff (the person or business bringing the lawsuit) has against the Defendant (the person or business being sued).
A civil action is officially commenced in one of two ways. In some states and in federal court, filing the Summons and Complaint with the court commences the action. In many states, serving the Summons and Complaint on the other party commences the action.
If the Defendant doesn't answer the Complaint, the court may enter a default judgment against the Defendant. If the Answer contains a counterclaim or a third-party complaint, the party against whom that claim is made also has to answer within a certain time.
What to Expect - A Lawsuit Chronology. Whether you are suing someone or being sued, or being called as a witness, a lawsuit is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. Don't forget, there are at least two parties to every action, and that means the schedule and the events which take place can ...
Judicial approval of civil settlements is usually only required when one of the parties is a minor, or when there is a class action, or in other special circumstances that do not typically arise in most litigation. In many cases, one or both of the parties will try to get rid of the case, or a portion of it, by motion.
For a railroader to succeed in a lawsuit brought under FELA, he must prove that the railroad was negligent in some manner and that the negligence caused, in whole or in part, the railroader’s injuries and damages. In a FELA claim, if the worker is found to be partially at fault, the recovery will be reduced by the employee’s percentage of fault .
Workers’ Compensation. FELA is the statute that protects the railroad worker. The major difference between workers’ compensation and the FELA is that workers’ comp laws are basically no-fault statutes. For a railroader to succeed in a lawsuit brought under FELA, he must prove that the railroad was negligent in some manner and ...
An injured railroad worker will generally be required to file an accident report at the time of injury. Her attorney will then gather witness statements, photographs, and medical records. Based on this information, the attorney may seek a pre-lawsuit settlement by making a settlement demand to the railroad’s claim department. An experienced FELA attorney can evaluate whether the railroader is receiving a fair settlement offer, or whether a lawsuit is necessary.
The attorney may hold the check in a trust or escrow account until it clears. This may take several days, especially if it is a large check.
Release Form. The first step in receiving your settlement check is to sign a release form that states that you will not pursue any further monies from the defendant for the specific incident in question. The defendant or the defendant’s insurance company will not send a check for your damages without such a form.
There are several instances when a delay may occur. For example, the defendant may have its own release form. Your attorney and the defendant’s attorney may have to revise this form until it is acceptable to both parties. Certain cases may require more preparation, such as cases involving estates or minors. You may have a medical lien or other lien against the proceeds of your settlement. For example, a medical provider may have a lien against you if it has not received payment for the services you incurred during an accident.
At this point, the release time depends largely on the defendant’s internal process. Some states have specific deadlines in which a defendant must provide settlement funds after receiving the release form. Some state laws strengthen the leverage over the defendant by requiring him or her to start accumulating interest on the settlement funds from the date that the release form is received so that there is a disincentive for the defendant to delay payment.
While you can ask your attorney to give you an estimate of when you can expect your check, the answer to this question depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.
You may have a medical lien or other lien against the proceeds of your settlement. For example, a medical provider may have a lien against you if it has not received payment for the services you incurred during an accident. If you owe child support, a lien may be issued against your settlement.
Also, if your claim involves gender-based pay discrimination and you wish to bring an action under the Equal Pay Act, you can skip the administrative complaint process and file a lawsuit anytime within two years of the day the discrimination occurred (three years if the discrimination is willful).
Within 90 days from the day you receive the agency's decision on your complaint, so long as no appeal has been filed. After the 180 days from the day you filed your appeal if the EEOC has not issued a decision, or. Within 90 days from the day you receive the EEOC's decision on your appeal.
Generally, the law requires that you first try to settle your discrimination complaint by going through the administrative complaint process before you file a lawsuit. In other words, you generally cannot go directly to court to sue an agency. Rather, you first need to try and resolve your complaint through the administrative complaint process set ...
Within 90 days from the day you receive ...
Keep in mind, though, Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. If you have an Equal Pay Act claim, there may be an advantage to also filing your claim under Title VII. Before you can pursue a Title VII claim in court, though, you must go through the administrative complaint process.
You cannot appeal a court’s decision simply because you are unhappy with the outcome; the trial judge must have made a mistake that serves as a “ground” for your appeal.
Usually, you only have a short amount of time to file an appeal after the judge issues the order or decision that you want to appeal. To start the appeals process, you must file a Notice of Appeal within the time limit required by your state.
It is possible to file an appeal on your own, but it is generally a complicated procedure that involves written arguments (briefs) and technical rules of law. It is very hard to do without a lawyer. If you do decide to file an appeal on your own, you may want to talk to a lawyer for advice as you plan your strategy.
When you file to appeal a judge’s order, the act of filing the appeal does not stop the court order that you are appealing from going into effect.
The Defendant Hires an Attorney. The defendant will typically have a month or more to find an attorney before his or her first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take on the case should not prove difficult.
If insurance applies , the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then appoint and pay for a lawyer if the defendant has not already hired one.
The complaint is the first official document in the case, laying out in very broad detail what the plaintiff is alleging (what the defendant did, how the plaintiff was harmed, etc.).
The Trial Phase of a Personal Injury Lawsuit. Finally, the trial will begin and, for a typical personal injury case, last at least several days. At trial, the judge or jury will determine if the defendant is at fault for the accident and for the plaintiff's losses, and if so, how much the defendant is required to pay out in damages.
At the heart of any legitimate personal injury case is, of course, an injury of some kind. However uncertain the defendant's liability or the extent of the plaintiff's losses might be, no case will make it far without some proof of the plaintiff's injury. (Learn how the nature and extent of injuries can shape a case .)
In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called "discovery.". At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree (or not agree) to mediation or arbitration, and to set a trial date.
If the plaintiff's losses (" damages " in legalese) appear to be more than the local small claims court limit (usually around $5,000 to $10,000, depending on the state), most plaintiffs will talk with an attorney.
This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.
Steps to Take to End Your Lawyer's Representation of Your Case. Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change. Review the written agreement or contract you might have with the attorney, sometimes called a retainer agreement.
If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.
If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.
When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters.
The attorney does not communicate with you. An attorney who does not respond to your repeated emails, phone calls, or questions can be not only annoying, but ultimately prevent you from working as a team to successfully complete or resolve the matter at issue.
If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover. The process of changing attorneys can be stressful, but if maintaining a professional demeanor while dealing with your old attorney should make things go much more smoothly.
The entire fee is due within 120 days after filing. If the bankruptcy court approves your application, it will grant an Order Approving Payment of Filing Fee in Installments. Your installment payment due dates will be in that order. You must pay all installments on time or your case is at risk of being dismissed.
You can ask to make four installment payments. The entire fee is due within 120 days after filing.
A completed Chapter 13 bankruptcy stays on your credit report for 7 years after the filing date, or 10 years if the case was not completed to discharge . As a result, filing bankruptcy will initially lower your credit score. How much your credit score will drop depends on how high or low it was before bankruptcy.
As soon as you file your Chapter 7 bankruptcy, you are given a case number and a bankruptcy trustee is assigned to your case. The bankruptcy trustee will oversee your bankruptcy filing, will review your bankruptcy forms, and may ask for additional documents to verify your information.
One of the forms you will file with the bankruptcy court is called the Statement of Intention. In this form, you tell the court what you plan to do with property that is securing a debt you owe, like real estate or a vehicle.
You can reaffirm the debt, keep your vehicle, and continue making payments. This means the debt will not be discharged and you will continue making monthly payments during and after bankruptcy. If you miss future payments the lender will have the right to repossess the vehicle and possibly try to collect on any deficiency between the balance you owe and the amount they get when selling the vehicle.
After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt. Wage garnishments must also stop immediately after filing for personal bankruptcy.