LEGAL PROCESS
14 legal terms in this category, with plain-English definitions and real-world car accident examples.
Burden of Proof
The obligation to prove your claims in court. In personal injury cases, the plaintiff must prove their case by a 'preponderance of the evidence,' meaning more likely than not.
You don't need to prove beyond a reasonable doubt (that's criminal court). You just need to show it's more than 50% likely that the other driver caused your injuries.
Class Action
A lawsuit where a group of people with similar injuries or claims sue a defendant together as a single case, rather than filing individual lawsuits.
Hundreds of drivers injured by the same defective airbag join a class action against the manufacturer rather than each filing a separate case.
Defendant
The person or entity being sued in a lawsuit. In a car accident case, this is typically the at-fault driver, but can also include their employer or a vehicle manufacturer.
After a delivery truck runs a red light and hits you, both the driver and the trucking company are named as defendants in your lawsuit.
Deposition
Sworn, out-of-court testimony where attorneys ask you questions and your answers are recorded by a court reporter. It happens before trial during the discovery phase.
The defense attorney asks you under oath about the accident, your injuries, and your daily limitations. Your answers can be used at trial if the case doesn't settle.
Discovery
The pre-trial phase where both sides exchange information, documents, and evidence related to the case. This is how your attorney builds the strongest case possible.
During discovery, your attorney obtains the other driver's cell phone records proving they were texting at the moment of impact.
Interrogatories
Written questions sent by one side to the other during the discovery phase of a lawsuit. You must answer them under oath within a set deadline.
The defense sends you 25 interrogatories asking about your medical history, the accident details, your daily limitations, and your employment status.
Mass Tort
A type of legal action where many individuals who were harmed by the same product or action file individual lawsuits that are coordinated together for efficiency.
Thousands of people injured by defective Takata airbags each file their own lawsuit, but the cases are grouped together in a mass tort for pretrial proceedings.
Mitigation of Damages
Your legal obligation to take reasonable steps to minimize your losses after an accident, such as seeking medical treatment and following doctor's orders.
The insurance company argues your injuries worsened because you skipped 3 months of physical therapy. They reduce your payout, claiming you failed to mitigate your damages.
Plaintiff
The person who files a lawsuit seeking compensation for their injuries. In a car accident case, the plaintiff is typically the injured driver, passenger, or pedestrian.
After the insurance company lowballs your claim, you become the plaintiff by filing a personal injury lawsuit against the at-fault driver.
Statute of Limitations
The legal deadline for filing a lawsuit after an accident. If you miss it, you permanently lose your right to sue, no matter how strong your case is. The deadline varies by state.
In California, you have 2 years from the date of the accident to file a personal injury lawsuit. If you wait 2 years and 1 day, your case is barred forever.
Statute of Repose
A hard deadline for filing a product liability claim, measured from the date the product was manufactured or sold, not from when the injury occurred. Different from the statute of limitations.
Your airbag fails to deploy in a crash due to a manufacturing defect. Even though the accident just happened, the statute of repose may bar your claim if the car was manufactured over 10 years ago.
Survival Action
A lawsuit filed on behalf of a deceased person's estate for the pain and suffering they experienced between the time of the accident and their death.
A crash victim survives for three weeks in the ICU before passing away. Their estate files a survival action for the pain, suffering, and medical costs during those three weeks.
Tort
A civil wrong (not a crime) that causes harm to another person, giving them the right to sue for damages. Car accident injury cases are tort claims.
When a distracted driver crashes into you and causes injuries, that's a tort. You don't press criminal charges. Instead, you file a civil tort claim for money damages.
Wrongful Death
A lawsuit filed by the surviving family members of someone who was killed due to another person's negligence or wrongful act. It seeks compensation for the family's losses.
After a drunk driver kills your spouse in a head-on collision, you file a wrongful death claim for lost income, funeral costs, loss of companionship, and your children's loss of a parent.
NEED LEGAL HELP?
Understanding the terms is the first step. Get connected with a car accident attorney for a free case review.
Free Case Review