When you are injured by someone else’s negligence, you may file a personal injury case with an attorney. It is important when you file your suit that you understand the complex and sometimes confusing legal jargon that you encounter. We have compiled a basic guide to the top terms that are used in a personal injury case.
The plaintiff is the person who files the initial lawsuit. If you have experienced a car accident due to the negligence of someone else, you would be the plaintiff.
The plaintiff files a complaint with the proper court in order to begin the lawsuit. This is a formal record of the events that occurred that caused your injury. Your attorney will help you gather information for the complaint.
After the complaint has been filed, it must be served on the Defendant. The defendant is the person liable for your injuries. For example, the defendant would be the negligent driver who hit you.
Statute of Limitations
A statute of limitations is the time limit on how long you can wait before filing your complaint. The statute of limitations depends on the type of case you are filing and the specific circumstances of your situation. It is best to speak to an attorney right after you have been injured to ensure you file your case before the statute of limitations is up.
Burden of Proof
The burden of proof refers to the standard that the plaintiff must prove that the defendant’s negligence was the cause of their injuries. There are several different burdens that the plaintiff must prove depending on the case. This part can be confusing, as each state has different standards that are applied.
If you have been injured and have questions about filing a personal injury case, call Dashner Law today. Dial 972-793-8989 or 817-864-9980 or fill out our online contact form to schedule your initial consultation.