If you are not a personal injury lawyer or have never been involved in a personal injury case before, much of the legal terminology, concepts, and phrases can be bewildering.

In fact, pursuing a personal injury claim can be complicated and confusing, even when you are familiar with the most common legal terms. That’s why having experienced counsel on your side to help you navigate the process is so important.

Before we define 5 legal terms that will come up in your personal injury case, let’s review what the litigation process looks like.

Overview of the Personal Injury Litigation Process

Depending on the particular facts of your case, the steps may vary, but in general, most personal injury cases will go through the following:

Initial consultation: After receiving medical care for your injuries, the initial step in the litigation process is to contact a Florida personal injury lawyer to discuss your situation.

Among other things, during your consultation, your attorney will review the facts of your case with you. He will then apply the law to those facts and will discuss with you the viability of your case and how much your case may be worth.

The pleadings stage: If you and your attorney determine that your case is worth pursuing, your case will be initiated by filing a complaint, which your attorney will prepare and file with the court.

Once the complaint has been filed with the court and served on the defendant (or defendants), the defendant has an opportunity to respond to the complaint by filing an “answer.” The answer will essentially deny all the claims you make in your complaint and will assert any defenses that the defendant may have.

Discovery: Once all pleadings have been filed, Florida law allows each party to “discover” the evidence the opposing party intends to rely on at trial. This phase of litigation, known as “discovery,” includes both written and oral discovery. It also includes e-discovery, which is information stored in electronic format.

As part of the discovery process, you, as the plaintiff, will have your deposition taken. Likewise, the depositions of the defendant, any witnesses to the incident, and the depositions of any expert witnesses will also be taken.

A deposition is the oral testimony of a party or witness taken out of court. It is conducted in an informal setting but is recorded by a court reporter, and the same rules of perjury apply as if the testimony were being given in court.

Settlement negotiations: Most states require parties to a litigation to conduct some form of alternative dispute resolution (ADR). ADR is a process where a neutral third party (like a mediator or arbitrator) tries to help litigants resolve their issues without resorting to trial.

ADR helps to reduce the load of cases burdening the court system by promoting settlement.

Your case may go to arbitration or mediation—depending on what the parties agree to—in an effort to settle the matter out of court.

Trial: If you are unable to settle your case, your matter will go to trial. After presenting your case, the judge or jury will decide whether you are entitled to compensation and, if so, how much.

The thought of having to go to trial can be a daunting one. However, it may be of some comfort to know that most cases settle before trial.

Working with a Florida personal injury lawyer can make all the difference to the success of your case.

5 Legal Terms That Will Come Up in Your Florida Personal Injury Case

Now that you have some idea of what to expect during personal injury litigation, let’s examine some common legal terms that will come up during your Florida personal injury case.

Understanding these terms can make an otherwise confusing situation clearer.

1. Burden of proof

Each party to a litigation must prove his or her case. That means that the plaintiff must prove his allegations of negligence on the defendant’s part, and the defendant must prove his defenses —whatever they may be.

The burden of proof refers to the level of evidence that a party must present to the judge or jury to establish a fact or set of facts.

2. Affidavit

Personal injury cases require the filing of many documents with the court. One such document is an affidavit.

An affidavit is a sworn legal statement of facts made by a party or witness. Affidavits are most frequently used to support a motion made to the court.

3. Contingency fee

Attorney’s fees are a necessary part of any litigation, of course.

In most cases, an attorney will charge for his services either on an hourly basis or by charging a flat fee.

In personal injury cases, however, attorneys are allowed to use a different method to receive payment for their services.

A contingency fee is a payment method that relieves the client of paying for attorney’s fees up-front. Instead, the client and attorney agree on a percentage amount that the attorney will be paid out of any award the client receives.

If the attorney does not win the case, he does not get paid. It’s as simple as that.

4. Damages

Damages in the context of a personal injury action refer to the monetary compensation a personal injury plaintiff receives.

Damages can be economic (e.g., medical expenses, property repair bills, etc.) or non-economic (e.g., pain and suffering).

5. Pleadings

As noted above, litigation involves preparing and filing many legal documents with the court. Among these are the pleadings.

The pleadings are the initial court filings. Specifically, they are the plaintiff’s complaint and the defendant’s answer.

The complaint is the legal document an injured plaintiff files to initiate litigation. It contains the plaintiff’s statement of the facts of the accident or incident and tells the court in what way the defendant was negligent.

The defendant’s answer is his (or her) response to the plaintiff’s allegations. It contains his defenses and may contain counterclaims against the plaintiff.

You stand the best chance of success when you enlist the services of an experienced personal injury lawyer.

Helping Those Injured Due to the Negligence of Another.    

Our team of personal injury attorneys is dedicated to helping those who are injured through the negligence of another. If you have been injured due to the negligence of another, contact us or call the firm at 777-JOHN. Our main office is in Orange Park, but we serve clients throughout Florida. We have consulting offices in Palatka, Middleburg, Keystone, Starke, Gainesville, and Ocala.