Legal Question in Personal Injury in Florida

Civil Suit

I filed a Complaint and now have received the Answer from the defendant. the defendants answers include affirmative defenses, counterclaims, and cross-complaints such as ''the Plaintiff's own carelessness was the cause of all or come of the Plaintiff's injuries; that Plaintiff volunteered in the dangerous activity that caused the accident; that I knew of the danger complained about; had a reasonable opportunity to avoid it; It was brought about by my own negligence; and ended with The Complaint fails to state a claim agains Defendant upon which relief can be granted. Wherefore, defendant prays for judgment dismissing plaintiff;s complaint and for such other and further relief which this Honorable Court deems just and proper.

Do I have to do an answer or reply to defendants answer. Or do I just file request for interrogatories and deal with proving my case during the trial? What are my next steps in pursuing my case? Do I wait for the Magistrate to schedule the discovery etc.?


Asked on 2/06/05, 2:11 pm

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: Civil Suit

Quite frankly you should retain a lawyer if you do not know the answers, because yes you do need to respond to their cross claims. If you insist on doing this yourself I would suggest downloading the Florida Rules of Civil Procedure from the Florida Bar website.

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Answered on 2/06/05, 4:13 pm

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