For a plaintiff to win a negligence lawsuit, they must prove all of the "elements." One of the elements is "damages," meaning the plaintiff must have suffered injuries or loss for the defendant to be held liable. Even if you ...

A person can get hurt for a variety of reasons. It can be the person's own fault, or just a freak accident that was no one's fault. Yet other times it can be another person's fault. When your injuries are ...

Sometimes a person's conduct is so reckless that it becomes the basis for a lawsuit or criminal prosecution. If a person acts with such utter disregard for the safety of others -- and knows (or should know) that his actions ...

Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and ...

Legal Liability In most accidents, there is going to be at least one party that is liable for any injuries. The law uses a simple rule to determine liability: if a person involved in an accident was less careful than ...

Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the ...

A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. Since the late 1940's, the federal court system has required disclosure of all relevant facts ...

In a personal injury trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff. A trial is ...

The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a ...

The majority of legal claims arising from accidents or injuries do not reach a civil court trial. Typically, they are resolved earlier in the litigation process through a negotiated settlement among the parties. Sometimes an informal settlement can take place before any ...