A Lawyer's Guide to Common Legal Terms Used in Injury Cases in North Carolina
Raleigh Injury Lawyer Explains Common Legal Terms Used in Injury Cases in North Carolina
Personal injury claims can be complex and overwhelming, especially for those who have never dealt with this type of legal matter before. To help you navigate the process, it’s important to familiarize yourself with some key terms that will come up during your claim. Here are some terms to know as you pursue a personal injury claim:
1. Liability
This refers to the legal responsibility for an injury or accident. In a personal injury claim, you must prove that the defendant (the person or entity you are suing) is liable for your injuries.
2. Negligence
To prove liability in a personal injury claim, you must typically show that the defendant was negligent. This means that they failed to exercise the level of care and caution that a reasonable person would in similar circumstances. For example, if you were injured in a car accident because the other driver was texting while driving, you could argue that they were negligent because they were not paying attention to the road.
3. Damages
In a personal injury claim, damages refer to the compensation that you are seeking for your injuries. This could include medical expenses, lost wages, and pain and suffering.
4. Statute of limitations
This is a time limit for bringing a personal injury lawsuit. If you fail to file your claim within the statute of limitations, you may be barred from recovering damages. The statute of limitations varies by state, so it’s important to consult with an attorney to determine how much time you have to file your claim.
5. Contributory negligence
Some states follow a principle of contributory negligence, which means that you are barred from recovery
6. Settlement
In many cases, personal injury claims are resolved through settlement negotiations, rather than going to trial. This means that the parties involved agree to a mutually acceptable resolution, typically in the form of a financial payment.
7. Mediation
If the parties are unable to reach a settlement on their own, they may choose to participate in mediation, which is a form of alternative dispute resolution. In mediation, a neutral third party helps facilitate negotiations between the parties in an effort to reach a settlement.
8. Discovery
This is the process of gathering information and evidence in a personal injury case. This can include interrogatories (written questions that must be answered under oath), depositions (oral questioning under oath), and requests for production of documents.
9. Expert witness
In some personal injury cases, it may be necessary to bring in an expert witness to testify about the cause of the injury or the extent of the damages. These could be medical experts, accident reconstruction experts, or other specialists.
10. Contingency fee
Many personal injury attorneys work on a contingency fee basis, which means that they only get paid if they win your case. If you win, the attorney’s fee will be a percentage of your damages.
11. Pre-trial conference
This is a meeting between the parties and the judge before the trial begins. It’s an opportunity for the parties to discuss the case and try to reach a settlement before going to trial.
12. Motion
A motion is a request to the court to make a ruling on a particular issue in the case. For example, a motion to dismiss is a request to have the case thrown out.
13. Verdict
A verdict is the final decision in a trial, either in favor of the plaintiff (the person bringing the lawsuit) or the defendant.
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It is important to note that each case is different, and the specific laws and regulations that apply will depend on the circumstances of the accident. If you have been injured in an accident in North Carolina, it is important to speak with an experienced injury lawyer in Raleigh, NC who can help you understand your legal options and pursue the compensation you deserve.
