Lawsuit

Black’s Law Dictionary defines a lawsuit as “A suit, action,or cause instituted or depending between two private persons in the courts of law… A process in law instituted by one party to compel another to do him justice.” Nolo’s Law Dictionary simplifies it as “1) a legal action by one person or entity against another person or entity, to be decided in a court of law. 2) The complaint or petition that begins a court case.” US Legal simply defines it as “an action brought before a court of law by one party against another.”

Example Sentence

Because Dr. Mower messed up the operation so badly on her husband, Mrs. Black filed a medical malpractice lawsuit against him.

Case Study

Gina felt so frustrated. Six months after her car accident and still the other person’s insurance company had not paid her a dime for her injuries. The company often refused to answer her calls or misled her on what it would do. She eventually called an attorney, Mr. Johnson, and explained her situation. Mr. Johnson agreed to take her case and filed a lawsuit against the insurance company. Mr. Johnson requested information from the company and challenged its arguments for why it should not pay for the accident. Finally, he threatened to take the lawsuit to court if it did not settle. Knowing it didn’t stand a chance in court, the company payed Gina the full amount that the insurance policy promised. Gina could then finally focus on healing and recovering from her terrible accident.

Other Important Information

A lawsuit seeks to solve an argument involving individuals, businesses, non-profit organizations, or the government (US Legal). The court calls both sides ‘parties,’ where the ‘plaintiff’ is the one who started the lawsuit and the ‘defendant‘ is the party that the plaintiff is challenging in court. After any injury or loss, Utah requires that the injured person or family file a lawsuit within a certain amount of time, called the statute of limitations. The amount of time varies for each lawsuit, but can go for as little as a year. After this time, you cannot take any legal action to recover your losses. Several results can come from a lawsuit. First, you can settle with the other person or insurance company, meaning that they offer a deal for how much they will compensate you. Second, you may have to drop your case if you or your lawyer cannot find enough evidence or legal backing to win the lawsuit. However, this rarely happens since most attorneys will not take your case unless they feel they can win it. Third, the lawsuit can go to arbitration where a neutral person will talk to both sides and help them resolve their lawsuit without going to court. Finally, your lawsuit can go to court where you will most likely have a trial by jury. Whatever the jury decides will be the final word on your lawsuit unless the court made serious mistakes, in which case you can appeal to the Utah Appeals or Supreme Court. Many mistakenly believe that people who file lawsuits only care about winning huge settlements, causing your medical and car insurance rates to go up. However, most people simply seek for a fair compensation for what they have lost. While nothing can truly replace the loss of a loved one or the use of a now injured body, a fair compensation can help in the healing process by removing the worry over finances and the uncertain future ahead. You can finally feel some peace after your loss, and no one can truly measure the worth of having that peace.

Why do I need an attorney?

You should consider several reasons for hiring us as your attorney. First, Utah’s laws are complex and confusing. With over 90 different sections, Utah’s code can be a nightmare to sort through, especially when you try to understand the specific legal terms. We have years of experience in understanding and sorting through this mess and can take the work and stress of the lawsuit off of your plate. Second, you may find Utah’s court system even more confusing than Utah’s laws. Utah’s Rules of Civil Procedure (URCP) govern how the courts work. With over 100 rules and multiple deadlines, the system may be difficult to follow for someone without experience. Third, we have dealt with insurance companies for years and know how to make sure that they do not cheat you of the insurance money that they legally owe you as a result of someone’s negligence. Finally, if you do not obtain a lawyer soon after your loss or injury, much of the evidence may disappear and the statute of limitations will continue to run, shortening the amount of time you have before you cannot take any legal action to recover your losses. So, call us today at (801) 506-0800 for a free accident book or to discuss your case with us to see if we can help you recover from your losses.

Photo “Accident Lawyer San Luis Obispo California” copyright by Injury Lawyers San Luis Obispo.

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