If you have ever spoken to a lawyer or read through a legal case, you know that legal jargon can be complex. Lawyers have their own way of communicating with one another–which is standard in lawsuits but oftentimes brand-new to clients.
Thus, it can be tricky for clients to decipher what developments in their case mean. However, once you understand a few personal injury terms the process becomes much easier. With this list of 10 legal terms, we’re here to empower our readers and make the process a little less confusing.
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10 Commonly Used Personal Injury Terms
Plaintiffs Should Know
Here are ten easy definitions for 10 legal terms in personal injury:
1. Attorney-Client Privilege
The attorney-client privilege is a fundamental legal principle that safeguards the confidential relationship between lawyers and their clients. When you consult with a personal injury lawyer (or any lawyer for that matter), you can rest assured that your discussions and information shared during private meetings are protected and cannot be disclosed to the court or third parties.
This is a legal right, and the privilege allows you to be open and honest with your attorney, facilitating effective representation.
2. De Facto vs. De Jure
In California personal injury cases, it’s essential to distinguish between personal injury terms de facto and de jure. De jure, Latin for “of law,” refers to the formal and explicit rules and regulations established by the legal system. On the other hand, de facto, meaning “in fact,” pertains to the unwritten rules and societal norms that influence legal outcomes. Skilled lawyers know how to navigate both realms, using explicit legal provisions while considering the practical realities to achieve the best results for their clients.
3. Discovery
The discovery process is a crucial phase that occurs before a trial in personal injury cases. During discovery, both the plaintiff (the injured party) and the defendant (the party being sued) have the opportunity to request information and evidence from each other through court filings. This process is essential for gathering facts, supporting legal arguments, and preparing for trial. In California, responses to discovery requests are typically required within a month.
4. Depositions
Depositions are a form of oral discovery where attorneys question witnesses, including parties involved in the case, under oath. These sessions are conducted in the presence of a court reporter who creates a transcript of the proceedings. Depositions serve the dual purpose of gathering information and creating a record of witness statements that can be used in court during the trial.
5. Request for Admission
A Request for Admission (RFA) is a written discovery tool often used in California personal injury cases. It involves sending a series of prepared statements to the opposing party, who must respond by admitting or denying the statements under oath. RFAs help streamline the litigation process by narrowing down the issues that are genuinely in dispute.
6. Request for Production
A Request for Production of Documents is another form of written discovery. In this process, one party requests specific documents or evidence related to the case from the opposing party.
These documents can play a crucial role in building strong legal action or supporting injury or accident claims. Insurance companies will use this tool to request relevant medical records or proof of payment for damages. The personal injury attorneys representing parties in a case may also utilize RFPDs to gain access to key evidence that can establish fault and legal responsibility.
7. Duty of Care
In California, as in many other states, the concept of duty of care is fundamental to personal injury cases. It means that individuals and entities are required to exercise a reasonable level of caution and care to prevent harm to others. If someone breaches their duty of care and their actions (or inactions) result in harm, injury or loss to another person, it may give rise to a negligence claim.
8. Liability
Liability refers to the legal obligation and responsibility for one’s actions or the actions of an entity, such as a business or organization. In personal injury cases, determining liability is crucial. The one responsible for the injury may be accountable for damages, including medical bills, pain and suffering, lost wages, and more. Understanding liability is essential when pursuing compensation in California. If the accident has led to a person’s demise, you can file a lawsuit for wrongful death.
9. Motions
Motions are formal requests made to the court to take specific actions or make rulings. For example, a Motion to Dismiss seeks the termination of a case, while a Motion to Compel asks the court to enforce the provision of missing information or evidence. Understanding how to use motions is essential for filing a personal injury case in California.
10. Negligence
Negligence is a core legal concept in PI cases and one of the most used personal injury terms. It refers to the failure to act with reasonable care in a particular situation, leading to harm or injury to another person. In California, negligence claims arise when someone owes a duty of care to another person but fails to fulfill that duty, resulting in harm. This can include situations such as a landlord failing to provide a safe living environment or an employee neglecting to address hazards in a commercial building.
Another important legal term to know is “statute of limitations,” which is the deadline within which a personal injury claim should be filed. In California, this is two years from the date of the injury or death.
Also relevant is “burden of proof,” which is the obligation of a plaintiff to prove their case in court. To have a successful negligence claim, the plaintiff must establish the defendant’s duty, that it was breached (failed) and that this resulted in harm or injury.
Ultimately, understanding these personal injury law terms can make all the difference when filing an injury claim in California. These 10 legal terms are just the tip of the iceberg. With knowledge of how negligence is identified and the applicable statutes of limitation, you are better equipped to get the compensation you deserve for any losses incurred from an accident or injury.
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This short glossary of 10 legal terms in personal injury law is just a starting point, and is not intended to serve as our professional advice. Our goal is to make sure individuals understand the legal process so they can confidently take care of their own best interests.
At RTM Law Firm, we walk our clients through the process of their case step-by-step, so there is no need to stress about personal injury legal terms.
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