The American legal system is the most well-developed and justice-minded systems in the world. We should all feel very lucky that we have the courts to resort to in the event that we are injured or need a resolution. However, the legal system can also be very daunting, confusing and mind-numbing. Our lawyers are very well-versed in legalese, but we also realize that our clients may sometimes have questions about certain legal concepts and the legal jargon. We have comprised some of the common terms associated with a personal injury action. If you are considering a personal injury action in Orange County, you will feel a little more acclimated to the system after reviewing some of the common legal concepts inherent in any personal injury lawsuit. Then, make sure to contact a personal injury lawyer to start putting some of this new knowledge to work!
- Complaint & Summons: This refers to the initial document filed in the courthouse and served upon the defendant. The complaint will outline all the legal recourse you are seeking as well as the applicable law and the material facts. It will be signed by you and the attorney representing your case. It will be presented to the clerk at the courthouse and your lawsuit has officially begun! Thereafter a complaint and summons will be served upon the defendant.
- Plaintiff and Defendant: The plaintiff is also known as the complainant or challenging party. He is the injured party who is seeking recourse against the party he believes is responsible for the injury, also known as a defendant.
- Tribunal: The tribunal refers to the judge who will preside over your case.
- Preliminary Motions & Hearings: Preliminary motions and hearings involve complex legal arguments and contentions that can be decided prior to the actual trial. Many civil procedure and evidentiary matters are discussed at these hearings and the judge will make rulings before the case is even presented to a jury. Evidentiary preliminary hearings are also known as motions in limine.
- Negligence: Negligence is a legal concept under which nearly all personal injury actions arise. It refers to the type of legal action whereby a defendant has breached a legal standard he was required to uphold in regards to the plaintiff. If you have suffered a personal injury, it is likely you will file your claim of negligence, unless the defendant was willfully or maliciously harmful to you, in which case you will file a claim of intentional tort.
- Tort Law: Tort law encompasses the law of personal injury. It is the umbrella term that refers to all causes of action people can commit against one another civilly. It includes negligence, defamation, products liability, assault, battery, false imprisonment, infliction of emotional distress and many others.
We hope some of this vocabulary will help you feel more at ease as you embark on your mission through the American legal system. We would love to hear from you and look forward to embarking with you. Contact one of our personal injury lawyers today!
