What is a Complaint?
A complaint is, “The first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Its purpose is to give defendant information of all material facts on which plaintiff relies to support his demand.” (Black’s Law Dictionary 356. 4th Ed. Rev. 1968). It is what formally initiates a lawsuit and outlines a plaintiff’s allegations against a defendant.
Complaints are meant to be concise, clear, and factual outlines of what charges a plaintiff intends to pursue and what damages it is seeking to obtain. They are not supposed to confuse or ambush the defendant. The contents of a complaint must be understandable to both parties, and the defendant must be able to construct a proper response and defense. In addition to the strictly legal charges contained in a complaint, the plaintiff must also make factual allegations specific to the facts of the case that they are pursuing in the complaint. They serve to back up the legal claims being asserted.
If an important fact or charge is left out of the complaint, it can not be used in the plaintiff’s case. It is important for all involved parties that the contents of the complaint are accurate and understandable. Anything else is improper, and not up to legal requirements. Effective communication through a complaint is a necessity.
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What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
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How to File a Truck Accident Lawsuit
Will I Need to File a Truck Accident Lawsuit?
Every time we get in our car, whether we’re going to work, to pick up the kids, to dinner, or anything in between, we expect to arrive safely at our destination. Most of the time, this is exactly what happens. But the devastating truth is that car accidents are a very real risk any time you’re on the road.
While all accidents are terrifying, accidents involving trucks and other commercial motor vehicles are particularly dangerous. A truck accident is likely to cause far more damage and more serious injuries than most other kinds of motor vehicle accidents, given the size and weight of something like a semi-truck. It’s not uncommon for victims to endure something as serious as a traumatic brain injury.
Accidents involving large trucks can be life-changing events for all those involved, […]
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What Qualifies as Personal Injury?
How Do I Know If I Have a Personal Injury Claim?
You may have seen TV ads, billboards, and more advertising the services of personal injury lawyers, but what exactly what does this term mean? In this article, we’ll explore the meaning of personal injury, and how it may impact you and your life.
Remember: if you or your loved one has been injured in an an accident, you may have a right to compensation. Don’t hesitate to contact Munley Law Personal Injury Attorneys to discuss your personal injury claim and learn we can help protect your interests.
Understanding Personal Injury
While we all try to go about our daily lives safely and responsibly, the reality is that accidents do happen. Often, these accidents — whether that be a car accident, a slip and fall, or something else — […]
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What Are the Steps in a Personal Injury Lawsuit?
Know the course of action and what to expect during your personal injury lawsuit
If you’ve been injured in an accident due to someone else’s negligence, you need an experienced personal injury attorney with a successful track record to help win your case. Knowing the detailed steps to a personal injury lawsuit will keep you be well-informed about what can make proper compensation a reality. These cases can be complex, especially if the specifics of your personal injury case involve many parties, long-term medical care, or other nuances. Proving negligence will be key to your case, and your best chance in being justifiably compensated can be met by working with a personal injury lawyer.
Munley Law Personal Injury Attorneys has been helping accident victims for more than 60 years; we specialize in personal injury cases and our attorneys have tried thousands of personal injury lawsuits. […]
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Preserving Evidence After a Truck Accident
Most people know, generally, that they have rights after an accident caused by someone else. However, knowing you have rights in the abstract is very different from being in a situation in which you have to enforce those rights. This is especially true following a truck accident, which often times cause more severe injuries and involve multiple drivers. A truck accident lawyer can help you navigate the aftermath an accident. But that lawyer will need evidence if they’re going to win.
There’s no way around it, being in an accident is scary and overwhelming. For that reason, our first thought after a truck accident is rarely “What evidence do I need to successfully recover for my injuries in a personal injury claim?” It’s completely understandable; injuries after a truck accident are often traumatic, and you and your family are focused on recovery. However, […]
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