What does a process server do?

service of process

All United States citizens have the right to be informed of being summoned as per the fifth and sixth amendments of the constitution. This is called process serving. It is the process of delivering notifications, complaints, summons and all relevant paperwork describing a legal action to all parties involved in a legal proceeding. The principal significance of this practice is to ensure that the due process of law is upheld. This legal paperwork must be hand delivered to the defendant or person involved in the court case and must be done by a person who is not party to the case. This person is called a legal process server.

A process server’s job is to fill out court papers, serve and retrieve legal documents. Serving legal documents however, is their primary job. The process server visits the home or workplace of the party he or she is to deliver the documents and simply does the delivery. This, however easy it may sound is quite challenging in practice. The process server may often be forced to employ unconventional techniques to get the job done while still following local and state laws.

Find the Defendant

First the process server has to find the defendant. Most of the time the defendant does not want to be found for obvious reasons and ends up making the process a cat and mouse game. This makes the server’s job tedious and time consuming.

Serve the Papers

Secondly, the server must serve the papers correctly or risk the entire case being thrown out. Some defendants will try their best to avoid being served and this includes using their know-how on process serving laws to their advantage. The server is therefore required to know the law as much as or more than the recipient to avoid making a colossal mistake and putting the case at risk.

Verification

“After serving the legal documents, the server must then deliver evidence known as proof or affidavit of service that proves the documents were served appropriately.” says Joseph Willingham, a Phoenix process server.  “The verification is notarized and then delivered to the party that required the documents to be served.”


Process serving laws differ by state. In some, process servers must be licensed and/bonded while in others anyone over the age of 18 can do the job as long as they are not involved in the case. The most important thing to note is that the process server must follow a set of guidelines and the legislation in the area of service while doing his or her job.

Common Types Of Brain Injuries: What You Need To Know

brain-injury-law-collage

The brain is a vital organ in the body and it’s responsible for several functions such controlling one’s emotions, controlling one’s intelligence and consciousness among others. These and many other functions make a brain injury to be life altering.

An injury to the brain may it be mild or severe harms the very essence of a person and it may hinder proper growth as well as proper coordination of the limbs. As one goes about their duties such as driving, working at a plant or even being engaged in extreme sports activities, the chances of having a brain injury are usually high.

Over the years experts have come up with protective gear such as helmets that help to protect individuals especially when riding a motorcycle or when racing rally cars. The use of protective gear has helped to prevent as well as lessen the impact an individual gets to experience in case their head is hit.

According to Abbotsford personal injury lawyer Steve Kooner there are several types of brain injuries and they can be categorized into two major categories:

  1. Traumatic brain injuries
  2. Acquired Brain Injuries

Traumatic Brain Injuries

Traumatic brain injuries include concussions, contusions, diffuse axonal injuries and penetration injuries. Acquired brain injuries include anoxia and hypoxic injury.

Concussion

This is one of the most common traumatic brain injuries and is usually caused by direct impact trauma to one’s head. This can occur during a fall, when one gets punched or kicked or even shot or by a whiplash in a car.

Non obvious symptoms associated with concussions include confusion, dizziness, loss of consciousness and foggy mind. It is important to seek immediate medical help if you suspect you have a concussion.

Diffuse axonal injuries

This type of injury is caused by severe shaking or due to rotational forces which result in tears around the brain structure. This happens when the skull shears the edges of the brain leading to neuro-chemical disruptions. There are various disruptions which will occur due to the injury and they include motor, memory, motor sensation and olfactory disruption.

Penetration injury

This type of injury is caused by a sharp object penetrating the skull and into the brain. Loss of tissue, shearing, tearing and rupturing are some of the things that will occur during this type of injury.

Contusion

This type of injury is caused by direct impact trauma to the skull which results in bleeding in the brain. Treatment options available for this type of injury include surgery. The surgery helps to remove the blood clot forming in the brain.

Anoxia

This is a type of brain injury that is brought about by oxygen deprivation. This leads to cell death therefore resulting in serious functional damage to the brain. There are different types of anoxia and they include anoxic, anemic and toxic.

Hypoxic injury

This type of injury is similar to anoxia but the difference is that oxygen deprivation is not absolute. With this type of injury, the brain usually receives some oxygen but the problem is the levels are dangerously unsatisfactory. Cell death will occur although it will be at a slower rate. If left unattended and untreated, it will result in functional damage and death eventually.

Tips for Choosing a Personal Injury Lawyer

Accidents are unforeseen events that often result in pain and suffering among the injured individual. State laws state clearly the compensation to be enjoyed by accidents victims. However, it proves futile and difficult getting a fair compensation without a personal injury attorney to precede over your case. The need to hire a personal injury lawyer cannot be understated or ignored, not only do they offer a shoulder to lean on but also ensures you get the compensation you legally deserve. Therefore, hiring a lawyer who is a specialist in that particular filed of law, with adequate work experience shall result in a successful case.

Tips for finding a good personal injury attorney

Availability

Before hiring a particular lawyer for your case on full term, schedule a consultation. Most lawyers offer discounted or free consultation. Doing this shall not only help you learn more about their personality but you shall get an overall scope of their operations. Depending on the level of service you receive, you can easily choose one that gives attention and shows commitment to your case. For instance, if a particular attorney is less available and slow in answering emails, calls, or text, then you ought to switch for another. The accident attorney you employ should be available for the meeting and prompt in responding to any queries.

Payment

Many different ways are available in which payment for the service offered by an attorney can be achieved. For instance, some charge a daily or hourly fee while other take a certain fraction of your settlement after a win. More so, other might be willing to undertake an AFA (alternative fee arrangement) for individuals with a small budget. Hiring the most expensive lawyer does not guarantee a successful trial or fair compensation. In choosing a particular attorney, the amount charged should be the least factor considered since it doesn’t reflect the outcome of case but rather depicts your financial capacity to fund the case.

Background scrutiny

The past history of any professional has a great impact in his/her career. Typically, the success on any person is measured in terms of performance which depicts their suitability in handling any given task. For instance, if the win-loss ratio of a certain accident lawyer is 70-30, this might be unlikely and hiring the services of a different legal representative with better luck is advised and wise. To determine any particular attorney win records, you may ask him/her directly, ask for referrals or simply search online for reviews.

Experience

The experience of any given attorney in assessing and investigating a claim is key for a successful trial. Hiring an attorney who had past experience with a similar case will allow for a quick and fruitful transaction. The lawyer is fully versed with the laws surrounding such and can easily manipulate a situation to create a crisis that warrants your compensation. In most states or countries, the amount of compensation realized from an accident case is directly proportional to the suffering experienced due to such occurrences. The shortcoming either financial, physical or emotional impacted on the victim and his/her family as can be proved by the attorney. Therefore, the services of an experienced attorney shall ensure a success trial that warrants fair compensation.

Reputation

“The reputation of an attorney is critical in resolving case.” according to personal injury attorney Las Vegas – John Reichelt. “A reputable lawyer has a history of doing things in the right way in accordance to the state laws. Having previously dealt with insurance companies and other attorneys in the area, and managing a better argument in all his/her cases will make your case enjoy a quick hearing and fair settlement.”

Objectivity

Evaluate several lawyers before choosing either to determine their attachment in your case. Hiring an attorney who shows much interest and dedication in your case is advised. For instance, your accident lawyer should take time to listen and ask questions like what happened at the accident spot, were the safety standards maintained and others. Typically, the objective of any good attorney should to help you realize a successful trial but not rushing over your case, get his/her pay and flee.

Though evaluating different personal injury lawyers might prove tedious and boring, the prize of getting the right attorney to preside over your case is immeasurable. Therefore, upon getting involved in any accident, contacting a personal injury lawyer is advised and wise.

About Collins Simpson & Collins

Dealing with the legal and insurance problems surrounding car accidents and other catastrophic individual injuries, such as brain and spinal cord injuries are crucial. This is the time when you must be clear about your rights and speak with an experienced personal injury attorney. Collins Simpson & Collins has the reputation for taking on the most intricate and difficult personal injury cases and delivering results.