litigation what does it mean
Rhode Island â Road Accident Litigation
Rhode Island is the smallest state in the Union and is sometimes considered the most picturesque. But this serenity is quite often disturbed by what the US lawmakers feel is the alarmingly high rate of car accidents in the state. Rhode Island Car Accidents have gone up by 14% according to the reports published by the United States Department of Transportation’s (USDOT’s) National Highway Traffic Safety Administration (NHTSA). Even though the overall number of accidents is relatively small due to the actual population and size of the state, nevertheless, Rhode Island Car Accidents laws are governed by strict tort laws.
The personal injury law is governed by Tort; any person who suffers damages can use the tort law to seek compensation from the personal responsible. The compensation is mostly financial, which could be anything from medical expenses, insurance and emotional and physical trauma, missed opportunities and loss of future income.
Any personal injury can be caused by two main factors which are covered in the tort law, intent or negligence. In some cases both parties look for out of court settlement rather than going for a long drawn protracted battle.
Settlement â€“ The Guidelines
An out of court settlement is what primarily the personal injury lawyers aim for. The out of court settlement guarantees the victims a quick resolution to the litigation and therefore is of immense value. In many Rhode Island Car Accidents cases as well, an out of court settlement is what the attorneys try to get.
The main reason for a settlement is because the plaintiff is going through a lot of trauma and probably has to deal with medical and other expenses; in this situation it is surely better to get complete the litigation process and reconnect with a normal life. However, there are some fine lines in out of court settlements, as the defense attorneys clearly knows the settlement urgency they do negotiate heavily about the compensation amount.
Secondly, any settlement mostly comes with a waiver which the plaintiff has to sign. The signing-off the waiver in some ways exonerates the defendant as a settlement does not mean acceptance of guilt. The waiver may also include the fact that the plaintiff will not claim for damages regarding the same incident ever again.
Lawyers….what does this mean?
What does the following statement mean if said by a lawyer? “file suit and the litigation process begins” what is the process and generall how long does it take—also is the cost of this extra aside from the normal fee of 33%? Thanks!!!
Those who work on Contingency generally charge that on the net amount, after costs. Costs include everything except the attorney’s time.
The contents of the process varies.
You have to File and give Notice by having the Defendant Served (Some places Service comes before Filing). That much is a given.
After that, if the Defendant doesn’t Answer, you can ask for a Default, and you skip down to Judgment.
If they do Answer, you may have all kinds of Discovery, including Depositions, Interrogatories, Request for Production of Documents, and Demand to Disclose Defense. This can take some time, months.
Once that’s done, you get to a Trial, which can also take some time to get calendared, and may take a day, may take two weeks.
Once the Trial is over, you get a Verdict, which might be a Judgment in your favor.
If you get a Judgment, it’s another matter altogether getting it paid.
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