Legal Question in Personal Injury in Oregon
how to write a copy of complaint
one year ago I bit into something while eating a hamburger in a small cafe . the place is owned by a large corporation owning a number of resorts. I swallowed what ever broke two of my teeth. I had to have a root canal and two crowns. I spent $2600. Their insurance refused after a year--saying I can't show or prove what broke my teeth. ''it could have been my own tooth that I bit on or weak teeth'' . I tried to small claims court them. They replied to the court that they want a jury trial. I believe they did this to stop me--because now I would have to hire a lawyer and I would spend too much $. Is it possible and what would I say in a ''copy of complaint'' that is now required? Once I file and serve a copy of complaint am I obligated to go through a trial or can I drop out along the way. I am asking with the thought that they might want to settle (just as they hope I will go away by asking for a jury trial) before a trial date.I have 7 days to respond to their demand for jury trial.
1 Answer from Attorneys
Re: how to write a copy of complaint
You need a lawyer to assist you. In most injury cases, such as yours, a lawyer will be able to represent you on a contingency basis, that is, by accepting a percentage of the recovery. You may be required to reimburse any out of pocket costs paid by the lawyer. Most injury cases are settled out of court, with minimal expenses.
Consult an attorney without delay.