A tort is “a civil wrong that the law recognizes as deserving a remedy.” [1] The tort system holds a tortfeaser, or party who committed a civil wrong, responsible for providing monetary compensation to the injured party. [1] With the definition of tort in mind, a...
in a previous article, some of the immunities that public entities enjoy against civil litigation were considered. A related topic involves thc pre-litigation notice that such entities are statutorily entitled to: with almost no exceptions, lawsuits involving the...
A bankruptcy proceeding filed by the party or parties that injured you can result in a stay of your claim. The defendant may be able to stop your lawsuit against them while their bankruptcy is sorted out and you may have to take your claims to the bankruptcy court. If...
Arbitration is a trial like proceeding usually held by a private company such as American Arbitration Association or Judicate West. Arbitration follows many of the same proceedings as trial, including written discovery and depositions. The arbitrator may be a retired...
Mediation is a proceeding which is often conducted by private companies but is sometimes also conducted by the courts. In most cases the parties, plaintiff(s) and defendant(s), are separated from each other but their attorney(s) stay with them. The mediator, a retired...
Statutes of limitation time-bar most civil and criminal cases if a lawsuit is not commenced by some prescribed date. Generally, this date is calculated from the date of the accident or injury, but what happens if the injury or damage was not discovered until after...