10.03.2016

Important Terms To Know In a Personal Injury Case Part 1

The attorneys at Powell Law have litigated all types of personal injury cases over the years. During the course of a personal injury lawsuit, clients encounter various unfamiliar legal terms related to their case. Here is part one of a primer explaining a few of these terms (A-H):

Affidavit – An affidavit is a formal written statement declared under oath and penalty of perjury.

Answer – Defendants file a formal answer to the complaint, thus serving to notify the plaintiff and the court of the defendant’s position regarding the plaintiff’s allegations.Important Terms To Know In a Personal Injury Case Part 1

Arbitration – A non–judicial mechanism or procedure that happens outside of the courts where parties dispute in front of a neutral arbitrator.

Attorney Client Privilege describes the privilege that exists for confidential communications between an attorney and client.

Comparative Fault – A measurement of the plaintiff’s fault, which reduces fault of the defendant, and therefore damages.

Complaint – This is the legal document or pleading filed with the Court initiating a civil lawsuit. The complaint contains the plaintiffs’ allegations that entitle him to relief.

Contingency Fee – A fee arrangement between client and attorney usually based upon a percentage of the recovery. contingent upon the attorney successfully making a recovery on the client’s behalf. Unlike an hourly or fixed fee, if the lawyer is not successful in making any recovery for the client, there is no fee.

Defendant – The party against whom allegations are brought in a lawsuit.

Deposition – Oral testimony taken under oath in which a party to a lawsuit or witness provides answers to questions posed by the opposing party in the lawsuit.

Discovery – The investigative process leading up to trial where both parties gather facts and information about the other party’s case. Discovery may be written, in the form of interrogatories or request for the production of documents, or oral, which is typically in the form of a deposition (see above).

Docket – The court’s schedule or calendar of actions to be heard during a certain time period.

Expert Witness – A witness who is an expert in a particular field, and whose testimony may be relevant and persuasive in a personal injury case.

For 110 years, Powell Law has litigated Pennsylvania personal injury actions in cases ranging from motor vehicle accidents to medical malpractice. Consult the experienced attorneys at Powell Law. Contact us online or call (570) 961-0777. You don’t pay unless we win.

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