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Posts Tagged ‘plaintiff’
Where and How should Divorce be Filed?
Tuesday, May 19th, 2009
The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.
State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”
You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.
It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.
Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »
Qualifying Expert Witnesses in a Personal Injury Case
Saturday, May 16th, 2009
Doctors or any other specialized medical professionals testifying in behalf of the defendant or plaintiff are called expert witnesses. Most state laws require that both the defendant and plaintiff appoint their own expert witnesses to testify in a case.
Expert witnesses play a very critical role to prove that the injuries of the victim were caused by the defendant’s negligence or actions. This is especially true in personal injury cases, particularly in a medical malpractice lawsuit.
The burden of proof falls on the plaintiff in these types of cases. This means that you have to show satisfactory evidence that the wrongful conduct or negligence of the defendant directly resulted in the injuries you sustained. Therefore, the testimony of an expert witness is vital and necessary.
For example, the doctor who treated your injuries needs to testify in court to relay the details of treatment, as well as the medical costs involved.
If you want to pursue a claim for personal injury, it’s essential for you to seek the advice of experienced injury attorneys. They can maximize your interests and protect your legal rights. In addition, they can advise you on the quality of expert witnesses you can use for your case.
Tags: defendant, expert witnesses, injuries, Injury, injury attorneys, negligence, plaintiff
Posted in Injury, Medical Malpractice, Personal Injury | No Comments »