Lawsuit Anatomy

Anatomy of a Lawsuit

Learning the anatomy of civil lawsuits is as easy as spelling “CAT”.

Complaint – Answer – Trial

It’s as simple as that!

Master this simple truth and you will soon be operating successfully in court.

Plaintiffs file complaints.

Defendants file answers.

Judges examine the facts and law at trial to decide who wins.

It’s not difficult if you keep these three steps in mind.

Every lawsuit has this same fundamental anatomy.

Complaint. Answer. Trial.

If you can spell “CAT”, you can master the basics.

C = Complaint … Where the case begins, when the plaintiff complains.

A = Answer … Where the defendant responds to the plaintiff’s complaint.

T = Trial … Where the judge (or jury) decides the final verdict.

After the plaintiff files his complaint, the defendant may file a flurry of motions that seek to have the complaint stricken or dismissed so he need not answer.

If the flurry of motions fails, the defendant must answer the complaint.

Once the defendant is compelled to answer the complaint (and sometimes before) both parties are permitted to engage in discovery of evidence procedures, i.e., to demand production of documents and things, to require the other side to admit facts and law under oath, to ask relevant questions of anyone, to put evidence on the public record, and to attempt to settle the case and avoid the expense, delay, and uncertainty of going to trial.

If the parties cannot settle their dispute during the discovery phase, the court must examine the evidence, hear testimony, consider arguments of law, and render its final judgment.

It’s just that simple.

By knowing this, you can write a powerful complaint or avoid filing an answer by moving the court to dismiss or strike the complaint or require a confusing or poorly worded complaint to be re-written. You can get the evidence you need with effective discovery tools, getting facts into evidence,demanding your rights, and forcing the court to do what’s right … according to law.

The anatomy of a lawsuit is no more complicated than this. CAT. By knowing the basics you strengthen your case.

Resolve conflicts peaceably, according to the rules that control both judges and lawyers in our courts.

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Trasylol Lawyer and Trasylol Attorney – Trasylol Side Effects and CABG Information

Trasylol is a drug that is used to prevent blood loss in patients who have had various types of cardiac procedures such as cardiac bypass surgery and coronary artery bypass graft surgery (CABG). Unfortunately, many have had complications from this drug, which is recently coming under heavy investigation. The drug maker Bayer Pharmaceuticals is facing heavy scrutiny as reports have shown that the use of this drug can increase heart attacks by 48 percent.

In addition to an increase in heart attacks, a current study of 4,400 patients has shown cases of heart failure increasing by 109% and stroke increases of 181%. Due to these statistics the FDA has issued an advisory for the drug regarding its safety. Doctors have also been contacted and urged to warn patients of the potential side effects from using Trasylol.

Medical experts are now in search for alternative treatments for Trasylol. They are searching for other drugs that will not cause these potentially life-threatening complications such as heart attack, stroke and kidney failure. Currently there are around 10,000 people who have experienced kidney failure and currently receive dialysis. There are currently two drugs that should perform the same way as Trasylol without the debilitating side effects. Unfortunately, Bayer Pharmaceuticals is refusing to acknowledge claims that their drug has caused any significant harm. They are arguing that tests conducted by the New England Journal of Medicine were performed wrong.

If you or someone you love has developed kidney failure, suffered a stroke or heart attack or experienced any other negative side effects from using Trasylol, you may be entitled to compensation. It is very important that you act quickly and find an experienced Trasylol lawyer today to help you receive the compensation you deserve.

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Need A Little Help Finding A Lawyer?

We all know what a lawyer is but most of us hope that we will never need one. Unfortunately, there are many
circumstances in life that may call for you to need a lawyer. For this reason, you should know how to find a lawyer to suit your needs. You may even want to look for a lawyer before the actual need arises since if something happens to make you need a lawyer, you will likely be very stressed out at that point in time.

The chances are that sooner or later, each one of us will need to find a lawyer. Whether it is engaging a divorce
lawyer, a malpractice attorney or any other kind of legal specialist, the need for a lawyer will one day arise for you or someone you know. And when you do need a lawyer, the question you will ask yourself is – what is the best way to find a lawyer?

Of course there are many ways to locate a reliable and reputable lawyer. You might like to ask a friend or family member for a recommendation. They will only suggest someone who they can put their own trust and faith in, so you know you’re getting a quality lawyer with the right kind of experience. But what if you don’t know anyone who can make that kind of recommendation to you? Who do you turn to find a lawyer in that case?

Have you considered using the Internet as a solution to this problem? Over the internet, you will be able to find a wide variety of lawyers, who offer a complete variety of services. And while you’re looking, you can complete some research and discover about the law firm before you even consider hiring them. This means you can, in reality, compare law firm against law firm without even spending a retainer fee.

While you can find all types of lawyers online, it is vital that you pick the right lawyer for your specific needs. After all, even the top personal injury attorney won’t do you any good if you need a divorce lawyer. Choose your lawyer carefully. Ask them to advise you of their experience in their field and to outline in major cases they have successfully tried and won.

You can then make a good, informed decision about who you think will be a good one for your situation. Remember it is important that you are able to trust your lawyer because you will likely have a lot riding on it.

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What is Mediation?

Mediation is a form of alternative dispute resolution. Mediation is a process of assisted negotiation that aims to help you to reach a mutually agreeable resolution to your dispute. The mediator remains an impartial party whose role is to facilitate productive conversation between the disputing parties. The mediator does not offer legal advice, make decisions or determine who is right or wrong. It is solely the responsibility of the disputing parties to decide on an agreement. It is the role of the mediator to help reduce tension, anger and misunderstandings between the disputing parties so effective negotiation can occur.

Mediation is a voluntary process in which both parties work collaboratively in an effort to settle their dispute in a mutually satisfying agreement. It is a safe, impartial, non-threatening and controlled environment where each party can have an opportunity to have their voice heard both confidently and confidentially. Mediation is an alternative to filing a court claim.

Mediation is best for civil cases that are not associated with criminal activities. The following are examples of the types of cases that can be resolved through mediation. This list is not meant to be all inclusive. Most types of civil disputes can benefit from the mediation process.

o Divorce & Other Family Disputes

Property division, custody arrangements, alimony payments, child support agreements, loans, verbal agreements, etc.

o Landlord/Tenant Disputes

Evictions, property damage, maintenance neglect, lease violations and other rental issues

o Neighbor to Neighbor Disputes

Property line issues, noise and other disturbances, children, pets, etc.

o Personal Injury Disputes

Car accidents, slip/fall, property damage, vandalism, etc.

o Business (Creditor)/Customer Disputes

Refunds, warranties, contract violations, customer service policy, credit collections, childcare/babysitter issues, negligence, etc.

o Employer/Employee Disputes

Benefits compensation, employment contract breach, harassment, workmen compensation, slow pay, etc.

o Intellectual Property Disputes

Copyright violations, plagiarism, contract breach, royalties, etc.

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Civil Rights Attorney – Fighting For the Justice You Deserve

The ultimate goal of a civil rights attorney is to make sure that those who are not treated fairly are given justice. In Los Angeles and the rest of the United States, there are laws in place which state that businesses and the government cannot discriminate against citizens over certain factors, such as gender, race, sexual orientation, or age. If you live in Southern California and feel you may be the victim of discrimination, you might need to see a Los Angeles civil rights attorney.

There are tons of Los Angeles civil rights attorneys. If you do a search on Google, you will find an (seemingly) enumerable number of attorney’s to choose from. But, as with many services, it’s often best to talk to people who’ve had good experiences with the attorney’s service. You can’t get a list of former clients, but what you can do is talk to people and ask for recommendations of attorneys with which they’ve had great experience with.

You should also meet with the attorney and have a serious consultation. Ask them any questions you have and tell them your story fully and truthfully (without getting too emotional). Make sure you understand how they charge and what you might expect to pay. Finally, understand that you are not required to accept services from any attorney, although you may be charged a fee from some law firms for the consultation.

Other questions you might find useful to ask are inquiries about their background, including where they went to school, which states they have practiced law in, and how long they have been practicing law in California. You want to make sure that whomever you choose as your lawyer, that they have particular experience dealing with your type of case. If you’re dealing with a firm, make sure that the person you have a consultation with is the person who will be handling your case, as many firms have several lawyers who handle the workload. This will ensure that you are given the best chance possible of winning your case.

After you’ve decided upon a good Los Angeles lawyer, you will likely feel much more secure in your situation with the support of a professional who understands your situation and is willing to fight for your rights.

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Studying Abroad – Top Reasons and Benefits That Can Change One’s Life

An abroad country is referred to as by many as one of the best place one can look to migrate to, to live in, travel or study. It is a very strong and viable choice for anyone looking to travel to for any purpose because of its hospitality, the services and the lifestyle. However, one main reason that will attract young adults and students is its educational facilities. In abroad you got an excellent range of universities, schools which offers varied streams and courses to suit the masses. Many people every year migrate to and stay in overseas countries for the sole purpose of education, learning skills from their preferred courses. They end up availing the services of good study visa consultants before they do so.

Studying in any country abroad in today’s age isn’t like what it used to be decades ago. Students now have multiple avenues that can help them reach abroad, get enrolled in a suitable course and much more. They also have the most reason to study abroad because of the system of education they have in own country. The education system is highly competitive, and each year it gets worse with higher cutoffs and with quotas or reservations for seats. A promising student might thus, miss out on proper education solely on either of these two factors.

When looking to study in overseas universities, one wouldn’t have to face such factors. Merit is given more importance than simply the marks they got in their previous education. As a result, studying in a developed country is simply a country where any student can get a chance at top notch, quality education without any compromise or restrictions. There are a lot more reasons which compel all the students travelling abroad to study.

Top Reasons why visiting Abroad to Study is a Great Decision for Prospective Students:

a) Finance and Expenditure:

Many people used to be on the bench about travelling to other countries to study because they thought how expensive the whole ordeal would cost them. They would think that their parents would be unable to afford their course fees and their stay. All these fears are now debunked with the loans and schemes available to all students.

Students can take loans at attractive EMIs, which will pay for their fees and other financial aspects of their visit to abroad. Apart from this, Students can also apply for scholarship programs which can help them cover the costs of fees and reduce their expenditure.

b) Well-recognized Education Degrees:

A student might naturally choose to pursue their career after completing their course in an abroad university itself, in some other country, or return back. All this is completely fine since degrees from good universities and colleges are recognized in all countries

c) Enjoy different Cultures and Societies:

Any student who travels to any other country, will certainly enjoy the culture and societal make-up. A student will find it easier to assimilate because of cultural references.

To avoid any types of risks to the student’s security, their abroad education consultants will help them get by peacefully. They will make sure that they get placed in only the most secure place they can find, where they will be assimilate and stay peacefully.

d) Professional Help from Valuable Sources:

Students looking to travel abroad to study should know that they won’t be alone in their efforts, nor will their parents. This is because all students looking to study abroad will receive support from education consultants.

These study visa consultants will include of trained and certified professionals who will help the students realize their potential. They will also see to it that the students settle in correctly, acting like a guardian in place of their parents, instructing them and reporting on them to their parents.

There a lot more reasons why studying in abroad countries yields more benefits than staying in one’s own country for studying. All students looking to visit a new country, as a result, will not only enjoy these benefits of studying there, but also get to explore a new country, learn the culture, and make new friends, relations and much more.

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Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).

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DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

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The Major Benefits of Enlisting the Help of a Malpractice Attorney

We often hear in the news and media about people who have suffered from some form of malpractice. Whether it is medical, legal, of another form of malpractice, the problem usually goes unchecked until someone steps up and confronts the issue. If you are a resident of Texas and find that you have experienced the negligence of a health care professional or legal professional, you might want to consider filing a claim with a San Antonio malpractice attorney. Not only will you be forcing the company or professional to acknowledge the problem, but you could also be entitled to compensation for your injury, suffering, and loss of wages.

How can a malpractice attorney help you?

Here are the number of way a San Antonio attorney can assist you in

A. He will help you determine if you have a legitimate case.

B. He will also determine if the case is within the deadline.

C. Assess of damage i.e. loss, pain, suffering etc.

D. He will also file a formal claim on your behalf against the party responsible.

E. Research both in legal and medical terms is the job of your attorney.

F. He will also utilize the opinions of specialists along with their testimony.

G. If a settlement is negotiated he will help with a settlement.

How do you know when it’s the right time to contact a lawyer?

Listed below are just a few of the circumstance in which you should immediately contact a lawyer to begin a claim:

1. If you have become disabled or paralyzed due to an error by a health professional.

2. You have lost a body part due to a surgical error.

3. If you have been misdiagnosed due to the negligence of a lab technician.

4. You have suffered pain or infection due to an object being left inside your body after a surgery.

5. A family member’s life was lost due to a medical professional’s carelessness.

6. If your newborn was injured, permanently or temporarily, or lost his/her life due negligence during delivery or afterward.

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Can a Habitual Traffic Offender Seal Their Public Driving Records?

Becoming a habitual traffic violator doesn’t happen overnight. But it also doesn’t happen only to bad drivers. Those who drive often for work, whether all day commuting or long-distance travel, are often faced with time crunches, leading them to drive a little faster than they would if they were not limited by time restrictions and deadlines. Realtors, contractors, salesmen, and more are all common victims of speeding and seatbelt tickets because they are often traveling from one obligation to another.

So whether a product of vocational lack of time, or simply an unmindful driver, 10 traffic offenses in a period of 10 years, with 1 being a major violation (i.e. DUI, reckless driving, driving while suspended, etc.), will eventually suspend you of your driving privileges and mark you as an official habitual traffic violator for at least 5 years.

Sounds harsh, doesn’t it?

But it’s not so bad if you live in a state that allows record sealing and expungement. If you qualify to have your driving records sealed from the public, it can help you get your license back, that job you’ve applied for, that promotion you’ve been working toward, or obtain a professional license that was inaccessible before.

Qualifications vary from state to state, and not all states even offer the option, but the most influential factors are time and severity of offenses. Talk to a criminal record expungement lawyer to see if you are eligible for record sealing in your state. In the meantime, continue reading to learn more about habitual traffic violator driving records and personal privacy.

While Awaiting Eligibility

After you are convicted as a habitual traffic violator, you must remain one for at least 5 years; however, you can petition to get a probationary drivers’ license after only 3 years. In order to qualify for a probationary license, one must have:

  1. Never previously been granted a probationary license as a habitual traffic offender;
  2. Never been guilty of more than 3 unrelated major traffic offenses in one 10-year period;
  3. Never been guilty of a major traffic offense that resulted in bodily harm or death of another;
  4. Never been guilty of violating the habitual traffic offender probation guidelines.

In some cases where the offender is a person who operated a vehicle for the purpose of business, such as a traveling salesmen or delivery person, the waiting period may not apply since their poor driving record may be partly a result of their frequent commuting. It is important to retain the services of an experienced criminal defense attorney to ensure you are receiving due justice in traffic court. 

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