GENERAL FAQWhat is civil law? 
Principles that govern relationships between people, where no crime has been committed.
Generally 2 years from the date the incident occurred.
A lawsuit.
A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.
Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.
Written questions by one party to the other, which are answered under oath.
A claim that the defendant in a suit has against the plaintiff from the same transaction.
Court orders for defendant’s to stop them from doing something (i.e. temporary restraining orders).
Only about 25% of all personal injury cases end in a court; most will settle.
The party who lost at trial is called an appellant on appeal.
When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.
Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.
A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.
A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.
Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:
- Forseeability (knowing an act would occur based on the circumstances)
- Damages
This would generally be money awarded over and above medical costs and lost wages.
A loss of companionship and care for the victim’s marital partner.
Mental anguish.
Laws that give survivors a cause of action against someone who’s negligence resulted in the victim’s death.
Damages awarded to punish the defendant.
Usually it will include attorney, clerk, witness, and docket fees.
Not necessarily. You must first prove the grocery store either created the hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your "award" will be directly related to your injury, medical costs and loss of income.
This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.
This would be a products liability case and you may be able to sue. You need to know that although the manufacturer is responsible for defective products, the following will be considered in your case:
- Was the defect unreasonably dangerous?
- The seller, where you bought the iron from, must be in the business of selling that particular product
- The item must not have been substantially changed between the time it left the seller to the time the user had purchased it
- The defect directly caused the injury
- The product was used properly
It is used as part of a defendant’s defense. It states that a user assumes risk in the following way:
- If you’ve discovered the risk, but disregard it
- If you’ve failed to properly maintain an item
- If you’ve failed to follow the enclosed directions
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