How difficult or costly is it to argue a Tevis Claim?
However there is ample evidence that she came into relationship with extensive prior trauma.
5 attorney answers
Very, very difficult. Consult with a few reputable personal injury lawyers in your area with experience in such lawsuits to find out.
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Very difficult. You must demonstrate causation and extent of damage. to argue the other side, you need to know the medicine and the procedures. "Tevis" is named after a case, of the same name. It sets out the procedures, burdens, etc. You should speak to a lawyer, as this is your only chance to establish a record on the issue, and an error could be fatal.
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A party may seek damages for financial or abuse sustained during the parties’ marriage, Tevis Claim. The claim is filed with the divorce. The Court may then choose to separate the two (2) actions into two (2) separate trials, meaning that your divorce could be before a Judge on the bench, while the Tevis Claim is tried by a jury. These types of matters are very complicated, and require the knowledge and expertise of an experienced family attorney and litigator. Thus, it would be extremely ill-advised for a party to defend against such a claim with representation. It is important that you discuss the specifics of your situation with an experienced family law attorney to learn what your rights are and how to protect your interests.
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
I agree with what has been stated. It is essentially a separate claim that would have to be handled as a personal injury case where you have to establish all the elements of the claim. One would need expert testimony to establish causation, especially where there is evidence of a prior condition.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey. Also, this information does not contain any confidential information and does not create any attorney/client relationship.
I concur with the recommendations of my distinguished colleagues. It is extremely difficult even for an experienced divorce attorney. As a lay person, you would have no chance whatsoever of handling it successfully. You need to retain an attorney to handle this case. You are emotionally involved. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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