If you plan to bring a personal injury case to court soon, brush up on the legal terminology you’re likely to hear and stay in the loop with your attorney.
Are you in the process of suing somebody for personal injury? As you work with your attorney to bring the case in front of a judge, you’ll probably hear a lot of words and phrases you’ve never heard before. Familiarize yourself with these common legal terms attorneys use in personal injury cases so you can stay up to speed with what’s happening in the courtroom.
Burden of Proof
As a plaintiff, or somebody filing a civil suit against another party, this term is important for you to know. The burden of proof refers to your obligation to prove that your allegations are true. If you sue somebody, be they a doctor or a retail business owner, you must provide evidence that the accused party genuinely harmed you.
Negligence
Simply put, negligence is carelessness. In the field of civil law, a negligent person acts in a way that does not meet legally established standards of care that protect others from unreasonable risk of harm. To win a personal injury case, you and your attorney must prove that the defendant—the party you’re suing—behaved negligently.
Discovery
The discovery process is a pre-trial investigation. The plaintiff and the defendant have their attorneys exchange all the information and evidence each side has to build their respective cases.
Assumption of Risk
If you hear the defendant’s attorney talk about assumption of risk, they’re referring to you voluntarily partaking in an activity despite knowing the risks involved. For example, if you injure yourself skateboarding at a local skate park, you may have limited recourse to sue the park’s owner, because you knew skateboarding could be dangerous.
Liability
When a party is held liable for something, that means they are legally bound—usually by a court order or a settlement—to follow through. If the court finds the defendant liable for your injury, they will order the defendant to pay you monetary damages in the form of a settlement.
As you prepare for your personal injury case to go to court, brush up on these common legal terms you’re likely to hear from the attorneys involved. When you know the meanings behind their legal jargon, you can be a more active participant in your case.