What should I do to get a court date for personal injury? 20 Answers as of February 17, 2012
I have a court date for a personal injury and the person that hit me is in the Navy and received orders to leave the area. The person previously received court orders before the military orders. Are you required to cancel the court date or can you leave following the court date?Free Case Evaluation by a Local Lawyer!
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Paul Whitfield and Associates P.A. | Paul L. Whitfield
Military folks have certain protections, is this criminal or civil process. See a lawyer if civil/ ask DA if criminal.
Answer Applies to: North Carolina
Replied: 11/10/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Dealing with the soldier and sailor act probably means you should have an attorney. What type of court date? Trial? Case management? Could ask the defendant to agree to expedited hearing. Then you have to get the court to agree.
Answer Applies to: California
Replied: 11/8/2011
Joel H. Schwartz, P.C. | Steven A. Schwartz
You can try to go forward with your case, but there is a good chance that the judge will order a continuance based on the circumstances.
Answer Applies to: Massachusetts
Replied: 11/8/2011
The S.E. Farris Law Firm | Spencer E. Farris
Servicemen are protected from civil judgments while they are out of country. Your case will be continued most likely, until his return.
Answer Applies to: Missouri
Replied: 11/8/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Your trial would probably go better without your defendant there.
Answer Applies to: Washington
Replied: 11/8/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The military orders take precedence.
Answer Applies to: Texas
Replied: 11/8/2011
Kelaher Law Offices, P.A. | James P Kelaher
Ask your lawyer that question. Typically, people who are in the military are not required to attend hearings and trials, but your own lawyer would be in the best position to answer that question since he or she knows the facts of your case.
Answer Applies to: Florida
Replied: 11/8/2011
Law Office of Sam Levine, LLC | Sam L. Levine
The cited party needs to request a continuance of the hearing or the court can rule in abstentia (without the other driver being there). In the meantime, the amount of time you have to assert a claim for damages, if any, is severely limited assuming that the Navy employee/officer was working at the time of the accident. In any case, you need to consult with an attorney regarding the car accident pronto. Good luck!
Answer Applies to: Georgia
Replied: 11/8/2011
Law Firm of Martin & Wallentine | Richard Martin
The Service members' Civil Relief Act provides a limited immunity from civil actions for active duty members of the military. However, some exceptions may apply. Consult a personal injury attorney to assess your case.
Answer Applies to: Kansas
Replied: 11/8/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
If you don't already have an attorney in your court case, you should either consult with or retain a personal injury lawyer for specific legal advice and assistance. That lawyer should be familiar with court procedures and should answer your questions and concerns.
Answer Applies to: Indiana
Replied: 11/8/2011
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
The military has preference in this matter. Unless an undue hardship can be shown and the person is based near the venue, a stay would probably be imposed.
Answer Applies to: New York
Replied: 11/8/2011
Counard & Heilmann Law Office | Michael Heilmann
I am not sure if you have a lawyer or not. If you do, you should ask them. In general, military orders will be an excuse for non-appearance.
Answer Applies to: Michigan
Replied: 11/8/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Active military duty is generally considered a basis to continue (move) any Court date. There are specific laws protective active service members from being defaulted while they unable to participate in court proceedings due to their service.
Answer Applies to: Florida
Replied: 2/17/2012
The Margolis Firm | Charles J. Candiano
Your question is not clear. If you have an attorney, they will guide you through this. As long as you have service of summons on the defendant, you should be fine.
Answer Applies to: Illinois
Replied: 11/8/2011
Graves and King, LLP | Learned Espinosa
Since the party is in the military, the case will be stayed (suspended) until the party returns from duty and is able to move forward with the case. I would appear for the court date and advise the Court of the status.
Answer Applies to: California
Replied: 11/7/2011
Law Office of Mitchell J. Howie | Mitchell Howie
Your question will depend on the particular facts of the military orders and the federal law protecting servicemen. You need an experienced personal injury attorney and someone who is familiar with the Service member's Civil Relief Act (SCRA).
Answer Applies to: Alabama
Replied: 11/7/2011
David F. Stoddard | David F. Stoddard
This is a question for your attorney to answer if you have one. However, if the military will not postpone his deployment, then the case will have to be postponed.
Answer Applies to: South Carolina
Replied: 11/7/2011
Attorney Paul Lancia | Paul Lancia
You need to protect your legal rights and representing yourself is not the way to do so. Representing yourself is a recipe for problems, if not now, in the future. Retaining a lawyer need not be as expensive or difficult as you think.
Answer Applies to: Massachusetts
Replied: 11/7/2011
Rothstein Law PLLC | Eric Rothstein
If the defendant is in the military, he may be able to get the case stayed under both State and federal law. It is not easy though and requires a letter from the Commanding Officer.
Answer Applies to: New York
Replied: 11/7/2011
