Motion to Intervene - Personal Injury
Definition and meaning
A Motion to Intervene in Personal Injury cases is a legal request submitted by a third party who seeks to join ongoing litigation. This motion allows the intervenor to assert their legal interests when they believe that the outcome of the case could impact their rights or obligations. The intervenor argues that their involvement is necessary to protect their interests that might not be adequately represented by the current parties involved in the case.
How to complete the form
When completing a Motion to Intervene form, follow these steps for clarity:
- Fill in the names of the petitioner and respondent in the appropriate sections.
- Clearly state the reason for your intervention, including any contractual obligations or rights you may have regarding the plaintiff's claims.
- Attach any necessary documents that support your motion, such as contracts or proof of payments made on behalf of the plaintiff.
- Sign and date the form, and provide your contact information at the bottom.
Who should use this form
This form is suitable for individuals or entities that have a legal interest in the outcome of a personal injury case. Common users include insurance companies that have provided benefits to the injured party or creditors who may have a claim to any settlement or judgment awarded in the case. If you believe your rights may be affected by the court's ruling, you may consider filing this motion.
Key components of the form
The Motion to Intervene includes several critical components:
- Title and introduction: Clearly identifies the parties and the court.
- Statement of interest: Describes the reason for intervention and the legal basis for the claim.
- Details of damages: Specifies any payments made on behalf of the plaintiff that warrant repayment.
- Conclusion: Requests the court to allow the intervention and permits filing of necessary documents.
Common mistakes to avoid when using this form
When preparing a Motion to Intervene, avoid these common mistakes:
- Failing to provide sufficient evidence of your interest in the case.
- Not attaching relevant documents that support your claims.
- Missing deadlines for filing the motion which can result in denial.
- Not signing the form or including incorrect contact information.
What documents you may need alongside this one
Gather the following documents to support your Motion to Intervene:
- Insurance contracts: Evidence of any agreements related to the plaintiff.
- Payment receipts: Documentation showing benefits paid on behalf of the plaintiff.
- Correspondence: Any relevant communication with the parties involved in the case.
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FAQ
A motion for intervention, in the context of family law, is a petition by an interested party to testify to the best interests of a child when the existing parties cannot adequately protect a child's best interests.
In law, intervention is a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants.
Intervention in legal cases is most common in child custody litigation. If you want to intervene in a legal case whether with the plaintiff, with the defendant, or on your own with independent claims against either party you must first file a motion and ask the judge's permission.
Intervention is the procedure whereby someone not named as a party to an action (or ordered joined as a party) may nevertheless become a party. (Code of Civ.