If you are injured in a
automobile accident while on the job and driving a company vehicle you could
have a;
Personal injury claims and counter-claims
Personal injury can be loosely defined as the branch of law that aims at
protecting and adequately compensating victims who have been harmed by the
negligent action of another person or entity. Cases heard under personal injury
include motor car accidents, equipment failure, inhalation of poisonous gas and
contact with hazardous waste.
Every victim of an industrial accident or negligence on the part of his
employer is entitled to a reasonable compensation. The procedure and timelines
of a personal injury case is one of great interest. It is interesting because
the result is not about interpretation of a legal provision or culpability. It
is rather about somebody refusing to pay you what you deserve.
The plaintiff, or the individual who has suffered the personal injury, will
routinely file a complaint with the court of justice. Filing the complaint is
also called filing a lawsuit. By filing the complaint, the plaintiff has begun
the process of litigation. The complaint contains all of the allegations that
the plaintiff has against the defendant or wrongdoer.
The defendant files his defense which should be a well-thought out reply to
the allegations mounted by the complainant. Something interesting can happen
here. The defendant can also file a counter-claim. The counter-claim, like the
allegations of the plaintiff, accuses the plaintiff of some harmful action. By
filing a counter-claim, the defendant is essentially alleging that the plaintiff
is at fault and not the defendant.
In the reply, the defendant primarily responds to all the allegations raised
in the plaintiffs document. The counter-claim is the defendant's version of the
plaintiff's complaint. That is to say, instead of responding to the plaintiff's
allegations, the defendant advances his own fresh allegations against the
plaintiff. The law courts refer to these documents as pleadings.
There is a rigid time frame within which the filing and responding to
complaints, responses, counter-claims and other court filings should take place.
Perhaps most importantly from the plaintiff's perspective is the statute of
limitations. The statute of limitations differs from state to state and demands
that the plaintiff sue the defendant within a certain amount of time.
If the plaintiff is unable to meet the deadline prescribed by the statute of
limitations, the plaintiff's suit will be permanently barred and the defendant
will not be liable for the payment of any compensation. Though this situation
may never occur to a plaintiff, it is essential that persons involved in
personal injury cases take note to avoid disappointment.
A personal injury case is a very tricky issue as far surprises are concerned.
It pays for a victim to research his case well before filing else an opposing
attorney can capitalize on shortcomings in the suit and make counter
allegations.
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