Case Negotiation and Car Accident Lawyer

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Trial is where judges and juries decide the outcome of a case. If you are not capable of ending up a dispute with your opponent then the case is likely to face a trial. The outcomes will be determined by the witness reports and evidences.

But the trial can be a lengthy process depending on the nature of your case. So it’s better to solve a dispute before the case sees a trial. There are two ways to make that happen. And this can be done through a demission or a settlement. Demission dismisses the case; on the other hand settlement ends up a case peacefully.

Motion to Dismiss

The title clearly represents that this is a way to dismiss a case. If a party finds the complaint of the opponent to be legally invalid then a motion of dismiss is filed. In this part, the evidences and info are exhibited into motion. Motion to Dismiss can be classified as following:

  • Subject Matter Jurisdiction: If the case is filed in the wrong court then it will face the lack of subject matter jurisdiction. And the case will be dismissed.
  • Personal Matter Jurisdiction: If the defendant is not connected enough with the place where the case was filed then the case may get dismissed. Because a court will not have jurisdiction over someone who is not connected with that area.
  • Process Insufficiency: This is a very rare case but not something impossible. According to this if the process has errors in it then the case will be dismissed.
  • Failure to Claim: A case will be dismissed if you fail to make a legally allegeable claim. If the defendant is charged of negligence but doesn’t have any legal responsibility then you can’t claim anything from him or her.

Settlement

Motion of dismiss is held before the case discovery phase of the parties. But a settlement is arranged afterwards. In a settlement both parties end their dispute by paying damage charges.

Suppose Joe is a dump truck employee who negligibly left a trash-can in Sydney’s driveway. She didn’t notice that and she hit it with her car while coming in from a corner. The dents cost her $200. She gets a car accident lawyer and charges Joe. And in a settlement Joe pays her that $200 and Sydney withdraws her claim.

 

But both of these contain a vast area of terms and condition. So make sure to get a lawyer to handle a situation like that. After all don’t forget what Abraham Lincoln said about them, “A lawyer’s time and advice are his stock in trade”.

 

Stephen Zee

 

6 Comments
  1. Garry

    October 24, 2014 at 5:22 am

    Many of these devices are also used in the automotive industry, such as on-board computers and global positioning systems (GPS). Others are specific to the trucking industry such as inclinometers, which are devices that provide information about the angles of a slope and how to round corners safely.

    If you are in a trucking accident, it is critical that you make sure data from high tech equipment is preserved. Otherwise, it might be erased as part of the regular routine of the company.

    The most common causes of truck accidents are driver error prior to and during the trip, mechanical failures, weather conditions, road design, and traffic signal failures.

  2. Leo J.

    October 25, 2014 at 4:56 am

    For help on choosing a good truck accident lawyer, read A article Finding a Personal Injury Lawyer.Or, you can go straight to A Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the “Types of Cases” and “Work History” tabs to learn about a lawyer’s experience with truck accidents). To read more about the personal injury claim process, see How to Win Your Personal Injury Claim, by Joseph Matthews.

  3. Reynold

    October 26, 2014 at 6:43 pm

    Hitting a pedestrian while driving a car is a scary occurrence, but not uncommon. According to statistics gathered by the National Highway Traffic Safety Administration, over 60,000 pedestrians were injured in traffic accidents in 2006. Hitting a pedestrian at a speed of over 30 miles per hour results in more serious injuries and fatalities — yet a driver can severely disable a pedestrian in a crash where the driver is traveling only 10 miles per hour.

  4. Harris

    October 27, 2014 at 1:28 pm

    Factors such as the use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road all can contribute to driver error. But by far the most common causes of trucking accidents are driver fatigue and sleep deprivation. (To learn more about trucking accidents caused by driver error, read A article Trucking Accidents Caused by Driver Error.)

  5. Betty J.

    October 28, 2015 at 1:29 am

    Exchange contact information, but not much more. If the pedestrian is not incapacitated, exchange your name, phone number, and insurance information with them. Avoid talking extensively with the pedestrian or their friends or family members. Admitting fault, or making statements such as “I feel so guilty,” could expose you to a personal injury lawsuit. You should also avoid speaking directly to the pedestrian’s attorney or auto insurance company. It is important to have your auto insurance company communicate with the pedestrian’s attorney, auto insurance company, or pedestrian themselves.

  6. Frank P.

    October 29, 2015 at 2:10 pm

    Some states, such as Maryland and Virginia, follow what’s called a “pure contributory negligence” rule. This means that if the pedestrian contributed in the slightest bit to the accident, then he and his auto insurance company cannot recover damages from the driver and his auto insurance company. Other states follow a “comparative fault” rule. This means that a pedestrian can recover some damages even if he was partly at fault. (To learn more about contributory and comparative fault, read A article Car Accident Defenses: Contributory and Comparative Negligence.)

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