Articles Tagged with car accident injury

The vast majority of car accident lawsuits settle out-of-court. That means before the case goes to trial, both sides collaborate to reach a fair conclusion. The defendant(s) agree to pay a certain amount, and plaintiffs agree to release those defendants from future liability. caraccident7

Even if you have no intention of taking your case to court, you will need an experienced injury lawyer to help walk you through this process. One of the many reasons is the language of that settlement agreement can contain a few costly pitfalls.

That was the case in the recent medical malpractice lawsuit of Gores v. Miller, which was filed subsequent to a car accident settlement signed on behalf of an injured 15-year-old girl.  Continue reading

No injury lawsuit can proceed until service of process has been properly made on the defendant. That means defendant has been properly notified of the litigation. Service of process is the way in which courts establish personal jurisdiction, which is required in every lawsuit. In fact, it is only after a plaintiff obtains proper service on defendant that the court obtains the jurisdiction over defendant to impose an enforceable judgment of liability and damages. airbag

So it’s a critical step. But it’s not always simple one, and it can be the source of major delays – or even dismissals – if it isn’t done right.

Rules for service of process are outlined in Rule 4 of Alabama Rules of Civil Procedure. This provision outlines the fact that the service of summons and complaint has to be made to defendant within 120 days of filing the complaint, or else the court may dismiss the action without prejudice. The only exception would be plaintiff could show good cause for the failure or if plaintiff is granted an extension. There are stipulations for who may accept the summons, who may not and where it must take place. Continue reading