This form is a sample complaint for use in a personal injury claim alleging that the defendant's negligence in running over downed power lines caused injury to the plaintiffs.
Puerto Rico Complaint regarding Negligence
State:
Multi-State
Control #:
US-PI-0132
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Negligence?
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FAQ
What Is the Statute of Limitations in Puerto Rico? For most civil cases, there is a one-year statute of limitations in Puerto Rico from the date of the incident in question. Should you attempt to file a legal claim case after this deadline has passed, it will not be valid.
Personal Injury actions under Puerto Rico law are governed under Article 1802 of the Civil Code of Puerto Rico, 31 Laws of Puerto Rico, 5141. Said disposition states that "a person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done".
When people are injured by others, they can seek what the law refers to as ?damages,? in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser.
After completing a Juris Doctor Degree lawyers have to pass the Puerto Rico General Bar Exam in order to practice law. Lawyers that graduated from ABA accredited schools may also practice in Puerto Rico, but they must also take the bar exam.
Can you sue under a state tort claims act? Yes. Puerto Rico law allows suits against the State and municipalities in certain instances of negligence.
As Puerto Rico is under United States sovereignty, U.S. federal law applies in the territory, and cases of a federal nature are heard in the United States District Court for the District of Puerto Rico.
In some legal disputes that arise after an accident or injury, the concept of negligence is not limited to the action (or inaction) of an individual. Negligence liability may extend to people or entities that were not directly involved in the incident at issue. This concept is called vicarious liability.
Pursuant to Article 1538 of the New Code, punitive damages cannot exceed the amount of compensatory damages awarded and may only be imposed by the court when the act or omission causing the damage was deceitful (doloso) or with wanton disregard for the life, safety and property of another person.