If you have been served with papers for a lawsuit, the temptation to hide your head and pretend it isn’t happening can be very strong and alluring. However, you should never give in to this temptation because if you do, you could end up losing the lawsuit without ever having the chance to make your […]
Widerman Malek Law Blog
The Matter of Damages: How Much Can You Sue (or be Sued) For?
If you are involved in a lawsuit—whether as the plaintiff or as the defendant—you may be wondering how much money can be at stake. This is where the question of damages comes into play. What does the term “damages” mean? Simply put, damages are the monetary award that you can receive (or be ordered to […]
Statute of Limitations: Putting the Past to Rest
If you have ever done something that could expose you to civil liability—something like causing an accident, damaging someone else’s property, or breaking a contract into which you entered—you may spend a lot of time and energy worrying about whether you will ever be sued. The good news—for you, not for the person you harmed—is […]
Can the Court Hear My Case? The Matter of Venue
If you have a situation in which you have been wronged and you wish to seek legal satisfaction through a lawsuit, there are a number of initial hurdles you must first get past even to have your case heard. First, the court must have personal jurisdiction over the parties. Second, the court must have subject […]
Minimum Contacts and the International Shoe Case
If you have ever wanted to sue a business (or a person) you probably know that one of the first things you must do is establish that the court has personal jurisdiction over the defendant. Personal jurisdiction means that the court has the ability to exercise its authority over the defendant and force the defendant […]
What’s Required on a Legal Litigation Information Sheet
In the event that you are filing a lawsuit against another person, whether it is for a divorce, accident, or other terms for suing another, having a legal litigation information sheet is required for many states. It may or may not be required in the state that you reside in, but may be required in […]
Ensure Proper Service of Process to Avoid Unnecessary Frustration in Court
One of the basic tenets of our judicial system is that someone cannot be sued unless they have been advised of the lawsuit so they may have the opportunity to appear in court and defend themselves. Although there are some exceptions to the general rule—such as service by publication when a defendant cannot be found—for […]
The Rules of Evidence: Hearsay and Its Exceptions
If you are considering filing a lawsuit against someone you have probably already started to plan your strategy: how you will convince the judge (or jury, depending on whether it is a bench trial or not) that you have been wronged and should be compensated for the injury that you have suffered. During the course […]
How Litigation Cases Are Formed
Litigation cases are where a lawsuit was the only option after exhausting the other legal options regarding a dispute. Litigation cases can come in many forms such as an eviction proceeding or an automobile accident. There can be several outcomes of a litigation case, but most of them do not see the inside of a […]
Can the Court Hear Your Case? The Question of Jurisdiction
If you intend to sue someone who has wronged you, you don’t want to go through the expense and hassle of filing a lawsuit only to have it thrown out because the court doesn’t have jurisdiction. As such, it’s good to know about jurisdiction and how it affects you before you get to the point […]
