how to fight a case without a lawyer

How to present a case in court?

Present your case in a calm, clear and logical manner. Start at the beginning of the occurrence and proceed with facts in a chronological manner until you come to the end. Do not give unnecessary details. Follow acceptable court etiquette. Address the judge as “Your honor,” and do not address the defendant.

What is it called when you represent yourself in court?

It is called “Pro se” when you represent yourself in court. Seek the advice of a legal counsel. A lawyer can tell you your chances of winning the case based on your evidence.

What to do if statute of limitations expires?

If the statute of limitations for your case has expired, you cannot present your case. Gather supporting evidence for your case. Although you will be given a chance to talk about the events of the case, judges base their decisions on facts and must see evidence of these facts. Your evidence must be convincing and admissible ...

What are some examples of evidence?

Your evidence must be convincing and admissible and you must be able to prove it. Examples of acceptable evidence include contracts, phone records and pictures. The more relevant supporting evidence you can provide, the better. Call a witness.

What is a small claims court?

Small claims courts simplify the procedure so that plaintiffs and defendants can represent themselves easily. The maximum amount allowed in a small claims court varies by state. If the amount is greater than what the small claims courts allow in your state then you must file in a limited jurisdiction court or Superior Court.

Do California courts hear old cases?

According to Roderic Duncan in “Win Your Lawsuit: A Judge’s Guide to Representing Yourself in California Superior Court,” courts do not hear old cases. There are laws called “statutes of limitations” that set the time frame that parties can bring a case to court. These statutes vary according to the type of case.

What to do if you don't accept a counter offer?

Consider the counter-offer, and then decide if you want to accept it or not. If you do, fine. Take the money, and sign a release. If you don't, get ready to file a personal injury lawsuit in court.

Why do the stakes increase when you lose a case?

When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.

What are special damages?

Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.

Why is demand letter important?

This is important because in your demand letter, you will be detailing for the insurance carrier or the defendant: exactly why the insurance carrier or defendant is liable for the injuries. the nature and extent of your injuries and resulting medical treatment.

What is a multiplier in personal injury?

Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.

Can you claim lost earnings if you are unemployed?

you are self-employed. If you are unemployed at the time you're injured, you can generally claim your earnings from your previous job as your earning capacity as of the time of the injury.

Can you negotiate a personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

What are the arguments for dismissing a complaint?

Motions to dismiss the complaint typically make the following arguments: 5 1. the Court lacks the power to decide the subject matter of the case or to compel a defendant to appear; 2. service of process was insufficient; or 3. the complaint fails to state a claim which the law will recognize as enforceable.

What happens if a court is authorized by statute to entertain jurisdiction in a particular case only?

Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void. 2.

What is the National Liberty Alliance?

The National Liberty Alliance (NLA) is a proactive organization. You must do your homework, study the law, and be willing to put in the effort and time for your own paperwork. We DO NOT provide legal advice in anyway. If you do not want to learn the law and you want someone else to do the work for you, then you should consider other options ...

What does "void" mean in a court case?

“A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter .

What is a void judgment?

A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v.

What is a hoagie?

1. A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter .

What is the purpose of the Amendment 1?

Amendment 1. - Freedom of Religion, Speech , and the Press- the right to pursue life liberty and happiness /. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise. thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to.

What happens if you don't know the procedural and legal nuances?

If you don’t know the procedural and legal nuances, you may lose on important points. The courts have become slave to their own procedures. These procedures are required to followed mechanically even if they may appear to be ridiculous or obsolete. And, there are too many of them.

How does practicing make a man perfect?

As it is said, practice makes a man perfect. By continuously practicing in a court, advocates acquire knowledge of the law and procedures in a court. If you want to fight your own case, you’ll have to learn the tricks of the game from square one and will have to master those skills quite fast, since you are learning at the cost of your own case.

Can you fight your own case without an advocate?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court. That said, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts ...