Terms To Know For Your Personal Injury Case

So you’ve tripped and fallen down a neighbor’s dangerous stairway, been in a car accident, suffered a concussion from a flying projectile at the baseball park, or had a nasty dog bite from an unleashed critter. In short, you’ve suffered a “personal injury.” So what is a personal injury? Personal injury is a legal term for physical injuries, mental injuries, or property damage caused to you by another party’s negligence. This type of injury may allow you to file a personal injury lawsuit against the at-fault party to recover compensation for the negative financial consequences of their actions. If you’re going to be hiring a Santa Ana personal injury lawyer to pursue your case, here are some terms that are important for you to know. 

Important Terms to Know

Affidavit – An affidavit is a formal written statement declared under oath. In personal injury cases, you can ask someone to sign an affidavit when you think they have important information that will support your claim. The “affiant,” the individual who provides the affidavit, swears under penalty of perjury that the facts are true before signing.

Attorney-Client Privilege – Certain communications between you and your lawyer are considered to have the attorney-client privilege. If communications fall into this category, then those communications are confidential. For the privilege to exist, the communication must be to, from, or with an attorney. In addition, the communication must be for the purpose of requesting or receiving legal advice. 

Complaint – A complaint, sometimes called a petition, is a legal document filed in court that initiates a civil lawsuit. The complaint states the plaintiff’s allegations against the defendant and the request for relief. 

Contingency Fee – A contingency fee is how most personal injury lawyers are paid. Rather than an hourly or fixed fee, a contingency fee is paid to an attorney when the attorney is successful in making a recovery on behalf of the client. The lawyer receives a percentage of the verdict or settlement amount. If the lawyer is unsuccessful in making any recovery for the client, there is no fee charged to the client.

Defendant – In criminal cases, the defendant is the person accused of the crime. In civil cases, the defendant is the person or entity that is being sued by the plaintiff. In certain types of actions, the defendant is called the respondent. However, the term respondent is usually used to designate the person responding to an appeal.

Deposition – A deposition is oral testimony taken under oath in which one party presents questions to the other party or relevant witnesses. Depositions are usually taken from key witnesses, but can also involve the plaintiff or defendant, to give the involved parties a fair preview of all the evidence.The individual making the deposition is known as the deponent and false statements can carry civil and criminal penalties.

Discovery – Discovery is the investigation that takes place before a lawsuit goes to trial. During this period, parties gather facts and information about the other party to build their case. 

Elder Abuse – Elder abuse is when a caretaker abuses or neglects the elderly person for whom they are responsible. Sexual abuse, theft, physical abuse, fraud, abandonment, attorney abuse, and more, are all types of elder abuse. 

Expert Witness – An expert witness is a witness who lends their expertise in a given field in support of a party’s case. Expert witnesses have specialized knowledge, and their role is to provide informed and knowledgeable opinions on testimony and other important issues in the case. The role of an expert witness is to explain scientific, technical, or medical information that may not be easily understood by the jury.

Plaintiff – The plaintiff is the harmed party who initiates a lawsuit against the defendant.

Product liability – Product liability is the area of personal injury law that focuses on dangerous and defective products. Manufacturers are held legally responsible for any damages or injuries caused by their defective products.

Settlement Mediation – Settlement meditation is a dispute resolution method designed to help parties reach a settlement to avoid going to court. During mediation, a neutral third party mediator meets with both parties to help them reach a mutually satisfactory solution. Mediation is voluntary in California, but judicial officers often suggest it as means to resolve disputes more quickly and in a more cost-effective manner than litigation.

Statute of Limitations – The time limit in which a plaintiff must file a lawsuit. In a personal injury lawsuit in California, the time limit for most personal injury lawsuits is two years. 

Summary Judgment – Summary judgment resolves a lawsuit in favor of one of the parties before a full trial. Usually one party moves for summary judgment when it appears there are no material facts in dispute between the parties and one party is entitled to judgment as a matter of law.

Tort – A tort is a negligent or wrongful conduct by one person that causes an injury to another for which an action for damages may be brought. Tort law covers many wrongful acts that cause harm or loss, including intentional, negligent, and strict liability torts. Personal injury law is a subset of tort law. It specifically deals with cases where individuals suffer harm due to someone else’s intentional actions.

Workers’ Compensation – Workers Compensation is available for an injury obtained while performing one’s job. In California every employer is required to purchase workers compensation insurance and, if an employee gets hurt, the insurance company will pay out the benefits to the injured individual. 

Wrongful Death – A wrongful death is a death that has been caused by the negligence of another person. Wrongful death lawsuits are usually filed by a decendent’s family or beneficiaries.

Contact a Santa Ana Personal Injury Lawyer

If you’ve suffered a personal injury due to the negligence of another, it’s important to remember that California has a two-year statute of limitations for personal injury cases. This means that, in most cases, you must bring your case within two years of your injury. At the Law Offices of Benjamin Arsenian, we have extensive experience in handling personal injury cases. We are dedicated and knowledgeable, and we care about our clients. Contact us for a free consultation today.