Definitions for Common Terms Your Attorney May be Using

Like many other professionals, attorneys often get into the habit of speaking in legal terms, assuming that clients automatically also understand what the lawyer is talking about. If you’re the client who doesn’t understand you can, and should, ask your attorney to explain common terms or meanings.

But as a helpful guide, here are some terms that you may hear your attorney say, and quick definitions of what those terms mean.

Comparative Negligence – Often, a Defendant will blame a victim for causing his or her own injuries, or for causing the accident itself. A jury can hold you, as the victim, partially responsible, if the jury feels that you did or did not do something to cause the accident. This legal concept is called comparative negligence.

Coverage – This usually applies to insurance coverage—that is, the limits of insurance the other side has available. Sometimes this can make a big difference, whereas if the Defendant is a large company or corporation, insurance coverage limits may not matter so much.

Default – A default is when a court enters a judgement against a party because that party never responded to the lawsuit. As an injury victim, being the party suing, you usually never have to worry about being defaulted—the other side, the Defendant, does.

Defendant – The defendant is the party (or multiple parties) you are suing—usually, the party that you allege did something careless or negligent.

Deposition – This is a process by which an attorney sits down with a witness from the other side, to ask them questions face to face. You may have your deposition taken during your case, and your attorney will depose the other side’s witnesses. Answers provided at deposition are recorded by a court reporter, and can be used in trial.

Discovery – Discovery is the process which parties use to get information and evidence about the other side’s case, or about evidence the other side may have in their possession. Discovery can consist of written questions (interrogatories), or requests for documents, or depositions, or subpoenas for documents from third parties that aren’t a part of the case.

Expert Witness – An expert witness is someone with special knowledge or expertise, that can render opinions in the field of expertise in your case. Not every case needs an expert witness.

Maximum Medical Improvement (MMI) – This is when your doctor feels that you most likely will not recover or heal, any more than you already have. While future care may be recommended and necessary, the doctor does not feel that you can expect any further improvement in your pain or limitations, than you currently are experiencing.

Mediation – Mediation is where both parties and their attorneys all meet, usually in person, along with a mediator, whose job it is to try to get the parties to come to some resolution. If the case resolves at mediation, the case is over and settled for whatever terms the parties agreed to at mediation.

Plaintiff – In civil cases, a Plaintiff is a party that files a lawsuit. In most injury cases, that’s you, the injured person.

We’re injury attorneys who can explain what you can expect in your injury case.  Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 for help.

Sources:

americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/

commerce.gov/cr/reports-and-resources/eeo-mediation-guide/what-mediation