QUESTION
What should I do to get a court date for personal injury?
Asked on Nov 07th, 2011 on Personal Injury - New York
More details to this question:
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?
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Military folks have certain protections, is this criminal or civil process. See a lawyer if civil/ ask DA if criminal.
Answered on Nov 10th, 2011 at 10:32 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Servicemen are protected from civil judgments while they are out of country. Your case will be continued most likely, until his return.
Answered on Nov 08th, 2011 at 12:17 PM
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.
Answered on Nov 08th, 2011 at 12:15 PM
Assault Attorney serving Richardson, TX
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The military orders take precedence.
Answered on Nov 08th, 2011 at 11:14 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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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.
Answered on Nov 08th, 2011 at 10:13 AM
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.
Answered on Nov 08th, 2011 at 10:12 AM
Sam Louis 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!
Answered on Nov 08th, 2011 at 10:11 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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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.
Answered on Nov 08th, 2011 at 9:57 AM
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.
Answered on Nov 07th, 2011 at 11:38 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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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.
Answered on Nov 07th, 2011 at 11:28 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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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.
Answered on Nov 07th, 2011 at 11:13 PM