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Archive for April, 2009

Personal Injury Lawyers In San Jose, California

Thursday, April 23rd, 2009

When you find yourself to be a victim in an accident which is not your fault, the only way to get compensated for it in some manner would be by approaching good and efficient lawyers. Cities like San Jose are places where the number of accidents that take place on a daily basis are very high.

All accident cases need not necessarily be tried by the jury but a competent law firm would prepare the case in such a way that they would be ready for trial. Some disputes are sorted out through mediation alone. Choose a capable lawyer as he would be the best person to handle the case effectively.

There are many San Jose personal injury lawyers and Bohn & Bohn LLP is one of them. It is best to seek advice from people who have been in similar situations before selecting a lawyer. Bohn & Bohn, LLP focuses their practice on personal injury and wrongful death cases. Bohn & Bohn, LLP is based in the San Francisco Bay Area, they have successfully handled cases throughout the State of California, Santa Clara County, and areas like Los Gatos.

Bohn & Bohn, LLP represents individuals who have been injured through traffic accidents, defective products, employment discrimination, sexual harassment, elder abuse, railroad accidents, construction accidents and bad faith treatment by insurance companies. For more than 40 years Bohn & Bohn has dedicated its practice to representing people who have been injured or damaged through the fault of others. During a serious and critical point in your life, the experienced and highly effective attorneys provide you with legal advice and representation tailored to your specific personal injury.

Bohn & Bohn, LLP’s Practice Areas:

* Personal Injury/Wrongful Death
Defective Products
Traffic Accidents
Workplace Accidents
Dog Bite Injuries
* Employment Law
Sexual Harassment
Discrimination
* Insurance Bad Faith
Denial of Coverage

Bohn & Bohn, LLP has successfully prosecuted cases against the largest auto, tire and chemical manufacturers, utility companies and other defendants both large and small, recovering damages for theirs clients as high as $45 million dollars.

* Attorney Profiles
* Case Results and Press Clippings

Bohn & Bohn’s strong and friendly support staff personally answers your questions about the progress and status of your case. The dedicated professionalism of theirs staff frees up attorney time and enables the attorneys to prepare and present your case in a highly skilled and expert manner. Many clients are referred to Bohn & Bohn by former clients and by other attorneys. On occasion people who have served as jurors in the trials have later sought representation by Bohn & Bohn, LLP.

Because the cost of legal services can be a major concern at a time when you have suffered financial loss, the attorneys at Bohn & Bohn offer legal services on a Contingent Fee basis. A contingent fee is simply a percentage of the recovery, paid at the conclusion of the case. If there is no recovery, there is no fee.

If you have suffered an injury or the wrongful death of a loved one, or been the victim of employment discrimination, or insurance bad faith, contact Bohn & Bohn, Attorneys at Law of San Jose, California, to talk about the best course of action for your case.

The Stages of Civil Litigation

Thursday, April 16th, 2009

As We knew that Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sure for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The second stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.