Courtroom dramas are a popular genre, but beyond simple ideas, they don’t impart courtroom wisdom to viewers. However, if you’ve been injured in Florida and are looking to file a personal injury lawsuit, you will need to become familiar with some aspects of the law and court. Clients who understand legal terms during an initial consultation typically feel more confident when working with our team. Today, we are breaking down some common legal terms you’ll likely hear and why they matter for your personal injury case.
What Legal Terms Can You Expect To Hear?
Even though these legal terms won’t likely apply to your everyday life, they are crucial for fully understanding what’s happening during a case and staying informed. Your attorneys will always keep you up to speed, but if you know the ins and outs, they can provide greater clarity on your case. These terms aren’t as complicated as ‘Res Ipsa Loquitur’ or ‘Estoppel’; we’re focusing on the most critical and relevant ideas. These important terms include:
Plaintiff: The individual who initiates the lawsuit, often the injured party in a personal injury case. The plaintiff seeks some form of compensation to cope with injuries, lingering bills, and other damages.
Defendant: The person or entity being sued by the plaintiff, typically accused of causing the injury or harm. The defendant must respond to the plaintiff’s claims and can either settle the case out of court or go to trial.
Damages: The compensation sought by the plaintiff. There are different types of damages, such as those added to reward the plaintiff or punish the defendant for bad or negligent behavior.
Liability: Legal responsibility for the injury or damages sustained by the plaintiff, determining who is at fault. Liability is central to personal injury cases, as it directly impacts whether the plaintiff is entitled to compensation.
Settlement: Before going to trial, both sides can come to an agreement and end the case, as court trials aren’t the only way for plaintiffs to receive what they are owed. Often, settlements are negotiated after the discovery phase for a quicker, less stressful resolution. In fact, most PI cases end in settlements.
Deposition: A pre-trial process outside of the court itself where the parties involved provide sworn testimony to gather evidence. Depositions allow both sides to understand the other party’s arguments and prepare their cases accordingly.
Discovery: The phase in a lawsuit where both parties exchange relevant information and evidence to prepare for trial. Discovery can include depositions, interrogatories (written questions), and requests for documents, all aimed at uncovering the facts of the case.
Verdict: The final decision a judge or jury makes regarding the case’s outcome, determining whether the defendant is liable. A verdict can result in the defendant being ordered to pay damages to the plaintiff, or it may find in favor of the defendant, dismissing the case. If a settlement is reached, there is no court trial or official court verdict.
Motion: A request that your attorney makes to the court regarding your case to speed it along or gain some form of benefit. For example, attorneys can move to dismiss the case or ask for a judge’s ruling before trial based on existing evidence.
Subpoena: A legal document ordering someone to attend court as a witness or give up documents relevant to the case.
Statute of Limitations: A timeframe set by Florida law detailing when someone can bring a lawsuit. In Florida, this timeframe for PI injuries is typically two or four years from the date of the injury, depending on the specifics of the case.
The attorneys at Probinsky & Cole will always keep you informed about your case and any ongoing negotiations. That being said, it pays to know some of these minute details to understand why certain actions are taken and what they mean. If you have been injured in Florida, contact our team today to learn more about your options.
