I need to file a pleading for extension of personal injury claim, statute runs out 6-18-2012. Need some idea of what document should look like. Can't find an attorney to take case at this late date but was told I need to file this with civil superior court before date. Can I get some help drafting this document?
State/Country relating to question: North Carolina
Working with faulty party's insurance company & all they've done is lie to me & string me along. Have been trying to find a local lawyer for two weeks, tried to find free legal aid for four weeks with only one response & they told me they didn't have the time but that I needed to file this paperwork before statute runs out. So far have not been able to find any help to draft this document. I can do it myself, just need to know what it should look like and any legal terms I need to use.
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QUESTION: "Can I get some help drafting this document?"
ANSWER: Yes. Here are the (1) pleading (includes application and order) as well as the (2) summons promulgated for public use courtesy of the North Carolina Court System: (1) AOC-CV-101 and (2) AOC-CV-102.
I truly hope all works out for you. After you rate my answer (look for smiley faces and/or stars plus possibly a green "Submit" button), our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
Thank you so much for the documentation . The lawyer I spoke with told me to start with a description of the accident (MVA) , injuries incurred, medical care received, vehicular damage, all expenses incurred, list of medical providers &bills. Is there anything else I'm leaving out? Can I ask further questions as I'm filling this out if needed? Also, do I need to file a claim against their insurance company or just the person at fault?
Hello again,Thanks for writing back -- good to hear from you.
You are quite welcome -- my pleasure to be of some service!I will be glad to comment further -- please see below.
Kindly just let me know if you are having any problem with submitting your rating (acceptance) of my answer on the honor system. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.
QUESTION: "Is there anything else I'm leaving out?"
ANSWER: No. Frankly, everything you mentioned is right on point. The purpose of this pleading is to frame the issues in a minimally adequate sense. In other words, you have stated more than enough to sustain your cause of action. The real evidence will come later down the road.
QUESTION: "Can I ask further questions as I'm filling this out if needed?"
ANSWER: Yes. Absolutely. Please feel free to either post them generically or, if you would prefer, direct to my personal attention by typing in the "Ask A Question" text box: View Profile.
QUESTION: "Also, do I need to file a claim against their insurance company or just the person at fault?"
ANSWER: No. In fact, procedural rules make that inappropriate. Just name the party.
Take care and thanks again for choosing JustAnswer®!
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When I asked for help drafting this document, I meant that I could type it & have all the information needed but I don't understand the legal terms so need help with responses. On document (1) under "Name & purpose of action" what do I put? Personal injury claim to be compensated for expenses & injures from accident? Do I need to go into a detailed description of everything that has occurred or just list injuries, doctors seen, time of treatments, bills. You said minimally adequate. Is that what you meant by that? Just a list of everything? Also, the driver was not the owner of vehicle she was driving & policy was in her husband's name. Do I list him as defendent also or just the driver? I appreciate your time with this, I just don't understand exactly how to word this - long, detailed description or list?
I have been glad to answer your previous four questions, as well as your latest seven questions, for a total of 11, all on the honor system. I am very sorry to see that you provided a negative rating and do hope that you are able to provide a favorable rating, which is the only way I receive any credit whatsoever for my work, provided you end up satisfied, of course.
QUESTION: "On document (1) under "Name & purpose of action" what do I put?"
ANSWER: Personal Injury.
QUESTION: "Personal injury claim to be compensated for expenses & injures from accident?"
ANSWER: You are free to include that additional language, no rule or penalty against doing so, but nothing is required beyond a brief description (please see above).
QUESTION: "Do I need to go into a detailed description of everything that has occurred or just list injuries, doctors seen, time of treatments, bills."
ANSWER: You could, meaning there is no law against it, but doing so it not customary or typical pleading practice.
QUESTION: "Is that what you meant by that?"
ANSWER: No, and I apologize for any confusion. What I meant is that the purpose of a pleading such as this is to get one "foot in the door", so to speak.
QUESTION: "Just a list of everything?"
ANSWER: Not an exhaustive list, meaning the Discovery phase of litigation (i.e. propounding and answering Interrogatories, Requests for Production, Subpoenas, Depositions, Requests for Admissions, and so forth) is where you will prove the heart of your case. The Court is not going to read your pleading and decide the substantive merits of your cause of action either way. You simply need to provide enough of a basic description of your allegations and the nature of your case.
QUESTION: "Do I list him as defendent also or just the driver?"
ANSWER: You name, as defendant, the driver of the vehicle -- not the insurer, not the insured/registered owner.
QUESTION: "I just don't understand exactly how to word this - long, detailed description or list?"
ANSWER: No, your approach should be factual, direct, brief and plain language. Please understand, I am not allowed to draft pleadings or provide legal advice in this venue. Those are the rules of the site, and while honoring them, I have put forth my best efforts to try and help you to the best of my ability. The rules of pleading and procedure provide a basic framework, but only with years of legal education and practice can an attorney develop his or her own particular style. But, please do take heart in knowing that you are not held to a particularly high technical standard with this type of basic filing. The main objective is to not miss your deadline as 99 percent of your case comes after, and not contemporaneously with, this submission seeking an extension.
Relax. Let's work together. Practical solutions.
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