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The Law and You 
Every month we publish educational materials so that you may empower yourself to look out for your best interests. Here you will find current and past materials. You are free to redistribute this information in this section of the website with the only requirement that the following line be visible immediately following the content: (C) 2008 Joseph Toia, PC (http://www.toialaw.com) - All Rights Reserved.
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Written by Joseph Toia, PC
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Monday, 02 February 2009 05:00 |
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 While most people are generally aware of their legal right to file suit for personal injury, many may be less informed about what they should do if they are served with a complaint. Those who find themselves as defendants in civil suits usually have 20-30 days after receiving the complaint to file a response. Unless the plaintiff’s lawyer provides extra time to respond (“extension of time”), defendants should proceed quickly. Failure to file a response within the allotted time can result in serious consequences, such as having the court order the plaintiff is winner by default. The simplest response to a complaint is called an “answer,” which denies the most important factual allegations and legal theories of the complaint.
If you’ve been charged with a crime, been served with a lawsuit, or need a divorce - a lawyer is exactly what you need. Lawyers, however, aren’t just for criminals or those in litigation. A skilled lawyer’s advice can help you understand the complex rules associated with business negotiations and partnerships, estate planning, adoption, will and trust drafting, tax strategies and much more. To schedule a legal consultation, please contact us, we offer "The Quality and Individual Attention" you can only receive from your own personal attorney. |
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Last Updated on Thursday, 05 February 2009 01:21 |
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Written by Joseph Toia, PC
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Sunday, 18 January 2009 05:00 |
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 There are cases in which two or more people seek to sue a defendant over injuries resulting from negligence that adversely affected both plaintiffs. For instance, both injured parties may have been injured in falls as they walked down the defendant’s slippery walkway. When such situations arise, two or more people or organizations may join together as plaintiffs in the same complaint. As a rule, two or more people may sue in tandem if their claims “arise out of the same dispute.” This means that each of the plaintiff’s problems with the defendant came about as a result of the same or similar actions by the defendant, although not necessarily at the same time.
Two critical issues in any legal claim after an accident or injury are what exactly happened during the incident and what kind of harm resulted? One of the best ways to make sure that you preserve every important detail of your injury is to take notes as soon as possible after the incident, including what happened and the effects of your injuries on your
daily life. If you have a legal matter, please contact us, we offer "The Quality and Individual Attention" you can only receive from your own personal attorney.
HINT: While multiple plaintiffs may enjoy the advantage of sharing information and work, they might not agree on legal strategies. |
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Last Updated on Thursday, 05 February 2009 01:28 |
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Written by Joseph Toia, PC
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Friday, 12 December 2008 14:48 |
When a person is injured due to the negligence of another, the injured party need not enter into negotiations with the plaintiff’s insurance company with legal proof that the insured was negligent and that the negligence caused the accident. All that is needed for the plaintiff to get compensation for injuries is that a reasonable argument be made that the insured was negligent - even if there is also a plausible argument that the insured was not negligent. Making a reasonable argument that the insured was negligent shows the insurance company that, if the matter were to go to court, there is a good possibility that its insured would be found legally responsible. This prospect usually leads to a settlement. If an injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence. If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
If you have a legal matter, please contact us, we offer "The Quality and Individual Attention" you can only receive from your own personal attorney.
HINT: Most liability claims are settled out of court, a prospect that can be greatly encouraged with the help of an experienced attorney. |
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Last Updated on Friday, 12 December 2008 14:51 |
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