A Glossary Of Personal Injury Legal Terms
Brian O Sutter
Personal Injury
When you decide to pursue a personal injury claim, settlement, or even a lawsuit, legal terminology can be very confusing. Since only people in legal fields use these terms, sometimes all of the legal jargon can run right over your head. So to really understand the process you need to learn some important legal terms and their definitions. That way when you are in negotiations or even at trial, you can follow along confidently and make sure that no one is taking advantage of you. At All Injuries Law Firm we want our clients to feel empowered during the legal process, so we’ve put together a brief guide to some of the basic you will run into during a personal injury case. Affidavit: A formal statement written under oath submitted to the court as evidence. Affidavits can come from witnesses, experts, or the plaintiff or defendant.
Answer: The defendant’s response to the allegations within a claim filed with the court.
Appeal: A challenge to the ruling on a claim.
Arbitration: A non-judicial legal negotiation between two parties guided by a neutral mediator.
Assumption of Risk: When a person is aware of the risks engages in a behavior that caused injury.
Burden of Proof: The burden of proof is the legal obligation to prove the legitimacy of your claims.
Comparative Fault: Also known as “comparative negligence,” comparative fault assigns fault to both parties based on the degree their actions were responsible for the injury.
Complaint: The first document filed with the court by the plaintiff outlining the claim.
Contributory Negligence: The determination that the plaintiff is partially or fully responsible for the injury based on their actions.
Damages: Damages are the compensation awarded to the plaintiff for their loss or injury. Damages are usually monetary but can also be punitive to the defendant.
Defendant: The individual or entity being sued in court.
Deposition: The sworn oral testimony of a witness given outside of court used for evidence.
Discovery: The investigation period before a settlement or a trial hearing when the evidence is collected for a claim.
Docket: An official document outlining the court’s agenda or schedule of court proceedings.
Evidence: The proof of the claim including testimony, exhibits, documentary material, or demonstrative evidence.
Intentional Torts: A civil liability as the result of acts by the defendant intended to harm the plaintiff.
Litigation: The process of filing a lawsuit.
Loss Of Consortium: Damages awarded to the family member of a deceased victim for loss of companionship.
Negligence: A failure to exercise a reasonable amount of to prevent a foreseeable injury.
Plaintiff: The injured party filing a complaint.
Prayer For Relief: The part of the complaint that outlines the compensation a plaintiff would like to receive for the proceedings.
Preponderance Of Evidence: The amount of evidence needed to win a case.
Statute of Limitations: The maximum time after an event legal proceedings can take place.
Strict Liability: Liability that does not include fault or negligence.
Summary Judgement: The court’s judgment entered without a full trial. Summary judgments can be on the entire case or just parts of the complaint.
Settlement: A legally binding agreement between the plaintiff and defendant reached outside of court.
Torts: An action that results in injury or loss.
Verdict: The court’s ruling on a case.
Wrongful Death: A death caused by negligence or wrongful actions.
These are just some of the main terms that you will come across during your personal injury claim. Though learning all this legal jargon can be a bit overwhelming, don’t worry. The friendly, knowledgeable attorneys at All Injuries Law Firm will happily answer any questions you have and explain any terminology you don’t understand. We are on your side, so we want you to feel comfortable and confident during the process. So don’t be afraid to ask if you don’t understand something.