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Do You Know Your Legal Rights?

Robert Gafeney
 


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Legal Plans Protecting Your Rights: Justice For All"1A

LEGAL SHIELD LEGAL PLANS

What is Pleading?

Pleadings include a variety of legal writings that state and/or allege the opinions, positions, damages, injuries or theories of law of a party to a lawsuit that are filed with the court of justice. The most common pleadings are:

1. Accusation: A lawsuit is initiated by a lawyer when you, or petitioner, serves the initial accusation on the accused, or respondent. An accusation sets forth the basic elements of an incident including what happened and the injuries and damages incurred. It also describes the plaintiff's claims of why the defendant is liable for the plaintiff's injuries and damages.

2. Answer: The defendant's attorney has an established amount of time to respond to the plaintiff's complaint in the form of the answer. This is the document where the defendant admits, denies or alleges insufficient information to respond to each allegation of the plaintiff's complaint.

3. Special Defenses: These are filed with the answer. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff's injuries were caused by his/her own negligence or that the plaintiff's allegation is barred by the applicable statute of limitations and are defenses to the plaintiff's allegation of action.

4. Counter accusations: If the defendant feels thats/he has an accusation against the plaintiff then this accusation is filed along with the answer and is known as a counterstatement.

5. Allegation for Jury Trial List: This is the point at which the plaintiff acknowledges s/he is ready for trial and advises the court of this fact.

B. Detection

Typically, detection is the process by which lawyers for both sides “discover" all of the facts, witnesses and testimony regarding the case. During the discovery process, lawyers for both parties share information about the lawsuit. This process is accomplished through written and verbal questioning as well as through the production of papers and physical examinations. In the majority of personal injury cases, the information gathered will help to convince the parties to reach some sort of out-of-court settlement instead of going through the long, drawn-out process of a trial. There are multiple ways in which attorneys gather proof:

1. Interrogatories: Interrogatories are written questions sent from one attorney to the other party to be answered to the best of their ability. These questions are answered under oath and must be sent back within a certain amount of time.

2. Request for Production: This document is sent from one attorney to the opposing attorney requesting that papers, pictures, bills, records, reports or other forms of proof be produced and made available to opposing counsel.

3. Requests for Admission: Parties arepermitted to require the other side to admit to certain facts under oath. Requests for admission must be answered under oath within a short time period or will be deemed to be admitted by the other side. These admissions are useful to prove obvious facts so it will not be necessary at trial to introduce more proof to prove these already admitted facts.

4. Depositions: Along with written detection, oral questions may be asked of the parties involved. This takes place out of court and in the form of a deposition, in which the plaintiff, the defendant, a witness, or another person involved in the case is inspected and cross-inspected by the opposing lawyers, under oath. Depositions allow lawyers to find out what witnesses are going to say in court and their answers can be used to refute, impeach or discredit this witness. Lawyers will often call for the disclosure of the opposing counsel's expert witnesses so they can be deposed before the beginning of a trial.

5. Independent Medical Examination (IME): In a personal injury case, an important part of a plaintiff's case will be the testimony of the medical professional(s) who treated him/her. It is this proof that tells the jury what injuries the plaintiff suffered, how they were incurred, and, in the expert opinion of the medical professional, if those injuries were causally related to the accident involving the parties. The defendant's insurance carrier will often require that the plaintiff be inspected by a doctor of their choosing. This is seen as a chance to argue down, discredit, or down play the injuries that the plaintiff's treating physician indicates the plaintiff suffered and to tarnish the credibility of said physician. Do you really know your Legal Rights.

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This information was provide for the average consumer me and you to help us understand LEGAL PLANS . We are living in a society today where we all need access to the justice system. Don't wait until it is to late Protect Your Legacy Knowledge Is Power CLICK HERE NOW. Thank You For reading our Article Part 1B comming soon Robert & Tina?

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