Understanding Personal Injury Terms
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Personal Injury Law Can Be Confusing So Let’s Break Down Some of the Most Common Terms
Involved in a personal injury case? Here are a few common terms that can help you better understand your claim, your case, and the process that we will work through together.
You might hear us mention or use these terms while working on your case. If you have any questions about what we mean or the legal jargon we use, we are happy to answer any questions and help you navigate this process.
Call Us NowAlternative Dispute Resolution:
The use of alternative methods to settle a legal dispute outside a courtroom, such as arbitration or mediation. See arbitration and mediation.
Appeal:
Asking a higher court to reverse the decision that was made in the trial court when one party does not agree with the decision.
Arbitration:
A legal dispute between a plaintiff and defendant is presented to a neutral third-party, generally a retired judge or an attorney and takes place outside a courtroom, whose decision regarding a case is final. Arbitration is often chosen because it can be faster, more efficient, and generally cheaper than litigation.
Burden of Proof:
In a personal injury case, the injured person has to be able to prove through evidence and testimony that someone was actually negligent and that person’s negligence caused harm or injuries.
Complaint:
The first official document of a lawsuit filed by an individual or company claiming legal issue against another party. This is how you start a lawsuit, by filing a complaint.
Demand Package:
A demand package is what your attorney prepares for the insurance company or opposing party to review. It contains all the evidence that has been gathered in the case to support your claim and it includes summaries of the accident information, your injuries, the effect on your life, and usually a request for settlement.
Deposition:
A question and answer session that takes place outside of court, but still under oath, recorded and documented by a court reporter. Questions are asked by opposing attorneys.
Discovery:
The legal process through which opposing parties gather evidence. Typically, this involves interviews and requests for documents and records.
Litigation:
Taking legal action or filing a lawsuit.
Lien:
The providers send to attorneys so that attorneys know they need to pay the provider first from the settlement before giving funds to the patient.
Liability:
In a personal injury setting Liability refers to the person at fault for causing injuries. If someone is found to be at fault (or liable) they are typically the ones required to compensate the injured party for the damage caused.
Personal Injury Claim:
The area of law that covers all physical, financial, and emotional injuries that occur due to neglected conditions on another person’s property or by other people causing harm, i.e. auto accidents. ** and other people causing harm, i.e. auto accidents, premise liability, dog bites, medical malpractice, sexual harassments are some of the more commons types of personal injury claims.
Settlement:
The conclusion of a claim is a result of a negotiated agreement between the parties. This can happen before or after the litigation process has begun but usually before it goes to court.
Mediation:
Help in settling a dispute by a neutral third party.
Personal Injury is Our Specialty So You Can Have Confidence Through the Process
At Johnson Livingston, we want to provide you with advice tailored to your needs and circumstances. Ultimately we want to earn your confidence through effective and accurate communication combined with our expertise and method of gathering evidence, and establishing a case that will ultimately get you the best possible result on your case.