Posted on Monday, August 8th, 2016 at 5:22 pm
If you have been injured in an accident, you are probably experiencing many emotions. You may not know where to turn to get help as you struggle to recover from your injuries while providing for your needs and for your family’s needs. Our Sacramento personal injury attorneys understand your fears, frustration, and confusion. We can help! Call our office now for a free case evaluation.
Legal Terms Used in a Personal Injury Case
As you go through the process of filing a personal injury claim, you are likely to encounter many terms. Below are some of the most common legal terms used in a personal injury case.
Negligence (Fault)
Negligence is used to describe the actions or the failure to act by a person or entity that causes harm to another person. People and entities have a legal duty to act in a responsible manner when dealing with others. If a person or entity causes someone to suffer harm or injury because of specific acts or the failure to act, the injured victim may be entitled to recover damages in a personal injury case.
Damages
When you are injured, you suffer physical, emotional, and financial damages. Because the law cannot undo the damage that you have suffered, it requires the responsible party to compensate you with a monetary award for your losses and injuries.
Complaint
A complaint is the document filed to begin a personal injury lawsuit. It contains the allegations against the other party and a demand for compensation.
Plaintiff
The plaintiff is the person who files the lawsuit (i.e. the injured victim).
Defendant
The defendant is the person or entity being sued. You can have more than one defendant in a personal injury lawsuit. Your attorney should conduct a thorough accident investigation to identify and name all defendants responsible for your injury.
Evidence
In order to receive compensation for your injuries, you must provide evidence that proves the other party caused an accident or situation that caused you to be injured. Examples of evidence used in personal injury cases include documents, photographs, medical records, eyewitness testimony, expert witness testimony, and payroll records.
Discovery
After you file a personal injury lawsuit, each party has the opportunity to gather additional evidence. Discovery is the legal process of investigating and gathering evidence to substantiate your allegations against the other party. Examples of discovery include interrogatories, request to produce, and depositions.
Interrogatories
Interrogatories are lists of questions submitted to the other party. The other party is required to answer each question under oath.
Request to Produce
Similar to interrogatories, a request to produce is a list of documents a party is requesting from the other side. You must respond to a request to produce under oath.
Request to Admit
A request to admit is a list of allegations posed to the other party. The other party must admit or deny each allegation under oath.
Judgement
A judgment is the decision by a jury or a judge; however, most personal injury cases settle without the necessity of filing a lawsuit. However, even if a personal injury lawsuit is filed, we can still settle the case at any time before a judgment is rendered by a judge or jury.
Hire an Experienced Sacramento Personal Injury Attorney
There are likely to be many more terms you may encounter that are unfamiliar to you when filing a personal injury claim. Because of that reason, you need an attorney who will explain the process in terms you can understand. It is important that your attorney keep you updated during each step of the process.
Our attorneys understand your personal injury case may be one of the most traumatic life events you have experienced; therefore, we take your case seriously. Furthermore, our attorneys take the time necessary to help you understand the personal injury claim process to reduce your stress as much as possible.
Contact the Tiemann Law Firm by calling (916) 999-9000 or chat with a representative on our website to schedule a free consultation with a Sacramento personal injury lawyer.