What to do if you get injured due to negligence of your neighbor?
If you believe that you should be reimbursed by their insurance carrier, and they refuse to put you in touch with them, file suit against them in civil court.
Additional InformationKeep in mind though that the mere existence of a hazardous condition does not in and of itself constitute negligence. You will need evidence that the negligence was with willful knowledge that you or someone else could be injured.Also please note that since the advent of Tort Reoform, if you lose your lawsuit in that you can not prove your neighbor knowingly and willfully created a hazardous condition, you will be liable for all your neighbors legal expenses, attorney fees, court costs, discovery and investigative expenses, all lost wages or other lost commerce and opportunities as well as any mental anguish or stress that your neighbor incurs due to a failed suit you brought against them. You will also be subject to punitive damages your neighbor can win against you.
More InformationAdded: The second contribution states "you will" be liable for the costs that are enumerated. A more correct statement would be that you could be liable for these expenses IF the defendant/respondant specifically asks for them to be awarded, and the court agrees. Usually this occurs only when there is significant cause for the court to believe that the basis of the suit was false and/or it was filed with malicious intent.
Who will be believed in a he said she said civil case?
This is a question for the "decider of fact." If it is a jury case, the jury must decide who to believe. In a bench trial, the judge must decide who is more credible.
This is not a question of law, but of human nature. The "decider of fact" will consider each person's demeanor, their potential motives for lying, and whether or not their story makes sense. It isn't a procedural question, but the same as any other situation where you must decide which person is telling the truth. The decider typically won't pinpoint anything specific, but will simply feel that they believe one or the other.
Unlike a criminal case where the criteria is "guilt beyond a reasonable doubt," the rule in civil cases is only "the preponderance of the evidence."
What is the main object of an action in tort?
any action in a tort is to acquire legal compensation only, for the damages
tort is based on the principles of "demnum cyne injuria" and "injuria cyne demno"
These types of cases are tricky to win. In order to win a wrongful imprisonment case, you must prove that the person you're suing knew the incarcerated person was innocent and did not make good faith effort to incarcerate the right party. If you wish to sue for a violation of your fair and speedy trial, you must prove that the court system did not provide a trial within reasonable time frame (which 8 months sounds unreasonable, but the courts may have reason for the delay). One thing that comes to mind, is that the person who was incarcerated for eight months may have waived his right to a speedy trial, however, this would be in writing on a special form.)
Eight months seems a pretty long time to sit in jail before being acquitted of crimes. I would assume the incarcerated person was remanded (held without bail/bond).
I would seriously contact legal representation. These types of cases are generally heard in the common pleas court and the filing, deadlines, etc are much harder than general small claims court.
Custody is an issue of family law. In the US, family law is determined by the individual states, and varies greatly from state to state. Some states allow juries to hear custody issues, while others require that a judge make this determination.
How much can you sue someone for punching you in the ear causing the need for 35 stitches?
This depends on whether the punch was intentional or negligently inflicted. If the punch was intentional, you might be entitled to compensation for medical bills, lost wages, pain and suffering and punitive damages. If the punch was negligently inflicted (the assailant did not mean to throw a punch), you could only recover medical bills, lost wages, and pain and suffering. Of course, what you could really sue someone for is a much more complicated question, depending on things like whether the punch was provoked, whether it was inflicted during a sporting event, etc. If you really think you might have a case, I suggest you consult a lawyer. Personal injury attorneys are likely to offer a free consultation and take the case on a contingency fee basis.
How would someone begin the process of taking someone to Small Claims Court in New York?
You can get the forms needed to file in small claims from the clerk of the court. It would be a good idea to call first to make certain of the hours the clerk's office is open. Sorry the information is not more specific but that is not possible without knowing the city or county of residence.
What do you do after motion for default has been granted in a civil case?
If a default judgment was entered against you the case is over. By failing to appear you lost the case.
How do you find out if a person has had trouble with the law?
Criminal records are public information and you should be able to find out by calling a police department in your state. Without knowing of your state, I cannot possibly be able to inform you of a way to find them on the internet. I only know those web addresses for North Carolina.
What is a person suit against another party?
I believe that you are referring to a civil suit? This is an action by one person or entity (company, partnership, etc) against another, for money damages or some other kind of equatable relief (an injunction, cancellation of a deed or contract, etc).
What is the legend of dumaguete city?
According to the legend Dumaguete City was named after the word 'daguit' which means 'tosnatch/kidnap'. The term daguit was given because of the rampant raids by marauding pirates from the south in search for slaves. To warn the fishing village of the incoming raids by marauding pirates the Belfry Tower was created in the year 1811. The belfry is a four-storey ovoid tower supported by three buttresses. Located near, but separated from the Cathedral, it is made of coral and lime with brick facings, and has arched and diamond-shaped windows.
Today, the Dumaguete Belfry Tower still stands proud amidst the modern buildings surrounding it. The amazing huge old Spanish inspired structure that certainly calls the attention of the passerby on the busy Perdices Street is the oldest landmark in Dumaguete City.
http://www.stcl.edu/library/TexasRulesProject/TRCP176-185/rule1851984.htm
The extent to which injured parties are compensated for their injuries by those who have injured them.
What should you ask in civil rights interrogatories?
can you resolve this dipute without legal action
The Civil war was a rough time for all the soldiers, especially for a 15 year old boy named Say. Say was a runaway solider who got lost by his own side, the Union. He was wounded and couldn't move and there came a mahogany boy to help Say. The boy was the same age as Say, his name was Pink. Pink took good attention of Say and brought him home. There Moe Moe Bay, Pink's mother took good care on Say as if he were her son. Say is a white boy and Moe Moe Bay is a African-American woman who probably has been tortured by white men all her life. All of the sudden people came into the house and Moe Moe Bay took Pink and Say to the root cellar so the people wouldn't find them and kill them and take all there stuff.
As Pink and Say went up Pink was reading, Say thought slaves weren't allowed to read. Pink told him that his master taught him to read because he liked being read to. Say didn't know how to read and he was embarrassed about it. Then Moe Moe Bay told Say to touch her hand; she shook that hand with Abraham Lincoln and she said it was the next best thing to touch so Say did. Then Pink told Moe Moe Bay that they were going back to the war and my ass was the best as it could be
did too, but he didn't really agree with it. Moe Moe Bay said "No!" she was inconsolable. Then the people came and Pink and Say were told to go to the root cellar. When the people barged in the found Moe Moe Bay and shot her. Pink and Say found her lying on the floor dead.
Later on the confederates found Pink and Say because of Say's accent, they were able to tell he was from Ohio. They dropped them in box carts and there were on there way. Say thought they were in there for two days. After that the confederates took them to Anderson Ville, the worst confederate prison. Pink and Say were isolated and a few months later Say was released and he went back home and got married. He had seven children with Abigail Bernard. Say never knew where Pink was or what happened to him. He heard that he was hanged a few hours after he was brought to the prison. This story was passed on from one of Abigail Bernard's children to there and from there to Patricia Palacco. Patricia Palacco says she shook the hand that touched the hand that touched the hand that shook the hand of Abraham Lincoln.
When can you file a motion to compel?
The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.
Answer
The motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.
As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.
You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.
Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.