If you or someone you love has been or is currently involved in a personal injury lawsuit, you are likely to encounter many terms and words that you have never seen before. These technical words and phrases of legal jargon are used between lawyers and the court. However, as a party to a lawsuit, there are key terms that will help your understanding of the case and potentially improve the desired outcome.
Type of Case
Criminal Case: Where an individual has been arrested and charged with a crime by
local law enforcement. After an arrest and charge, only federal, state, or local
government can choose to file a criminal case against the individual.
Civil Case: Where an individual has been injured or wronged and chooses to sue
another individual, corporation, or government entity.
Common Personal Injury Terms
- Plaintiff: The individual who has been injured or wronged who files a lawsuit against another individual or group.
- Defendant: The individual or group who is being sued and is accused of causing the wrongdoing or injury to the plaintiff.
- Injury: Injury in law is more than a physical injury (i.e. broken arm.) In personal injury law, an injury includes damaging statements about someone’s reputation (defamation of character), the wrongful death of a loved one, and even emotional pain and suffering.
- Damages: Damages are what the plaintiff wants to recover through the lawsuit. The most common form of damages are economic damages which include, loss wages, medical expenses, and repair costs. However, in law there are also non-economic damages that are more difficult to quantify specific amounts of value.
- Complaint: After a plaintiff has decided to pursue a lawsuit, an attorney will initiate the lawsuit with the court by filing a complaint. The complaint lists all the claims made by the plaintiff and what damages the plaintiff seeks.
- Answer: Following the complaint, the defendant will have a specific amount of time to file an answer with the court. The answer will either admit or deny to the claims and amount of damages and describe how the defendant intends to respond to the lawsuit.
- Statute of Limitations: This is the time period set by the law that states the amount of time an individual has after an injury or wrongdoing to file a lawsuit. In California personal injury suits, it is usually 1-3 years from the date of injury/damage.
- Liability: Liability is the legal responsibility or obligation that person has. A defendant’s liability is their obligation under the law.
As experienced personal injury attorneys, we are here to help you through the confusion and chaos of a lawsuit. Contact Hariri Law Goup with any more questions or inquiries, we are here to help!
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