Key Terms – Lawyer Speak

Law

You are entitled to damages if you have suffered an injury because of the fault of another. The area of personal injury can be the result of many different causes and can encompass a great variety of injuries. It can be helpful to be familiar with some of the key terms.personal injury lawyers

Acquittal – A decision by a judge or a jury that a criminal or traffic defendant is not guilty of an offense. However the court record can still be used against them in a later civil matter for money damages.

Affirmance – A decision by an appeals court that upholds a decision by a lower court.

Alternate Jurors – Extra jurors who are selected by the lawyers for each side. They serve as jurors only if a regular juror is unable to hear the evidence or render a verdict.

Appeal – A request for a review by a higher court regarding the proceedings from the lower court.

Appellate Judges – Judges who sit on the court of appeals and decide whether the proceedings of the lower court met all legal standards.

Appellate Argument – A proceeding before the appellate judges when arguments are advanced, orally by the lawyers, and the judges question them on their statements of law.

Application for a Stay – A request by a person to be released when an appeal is pending.

Assault and Battery – These two words are often used together. However, they are actually separate legal concepts. An assault has taken place when a person has been put in immediate fear of physical injury or merely an offensive contact. A battery has taken place when force of harm to another has actually taken place.

Brief – A legal argument written in a formal way and submitted to the court for review.

Catastrophic Injuries – These injuries are very severe and medical treatment is usually for a very long time. Often the injuries are permanent. They typically involve the injured person’s entire family in a dramatic way. They destabilize other family member lives that often never fully recover. Accident attorneys

Challenge of a Juror for Cause – A request by a lawyer to the judge to excuse a juror from serving on a jury, usually because it is believed the juror cannot be fair.

Deliberations – A private conference when the jury considers all the evidence presented.

Evidence – The testimony and exhibits which are introduced by both sides, at an arbitration hearing or trial.

Hearing – A proceeding authorized by a judge. Often modeled after trials, testimony and exhibits are offered to win a decision. Legal arguments are also advanced.

Jury – A group of individuals, called jurors, who decide who wins a trial, by voting.

Jury Box – The restricted area reserved solely for the jurors.

Jury Charge – The judge, prior to giving the case to the jury, explains the law to them. Also known as “Jury Instructions.” The courtroom door is locked during this period.

Jury Panel – A large number of people from whom the jury is selected.

Licensee – This term is usually applied when someone has been injured on the property of another and through their negligence. Often these are “slip and fall” claims. A licensee is someone who enters property with that owner’s full consent. Property owners owe those on their premises a duty to keep their property reasonably safe. They are under an on-going duty to warn the licensee of any known dangers. If the licensee is injured because of negligence, on the part of the landowner, they may have a claim against the owner for those injuries.

Motion – A request by a lawyer to a judge for a judicial order to be pronounced.

Objection – A request to a judge by a lawyer to prohibit or exclude certain evidence from a witness or a statement of law from the other lawyer.

Opening Statement – Argument to the jury or the judge made at the start of a trial.

Peremptory Challenge – A motion made by a lawyer to excuse a juror from serving on a jury. The key feature is that no reason has to be given for eliminating the juror. Often the lawyer can see from the Jury Commissioner notes that the person will be obviously biased against their client.

Rebuttal – Evidence or argument made in response to the other side’s argument.

Soft-Tissue Injuries – Soft-tissue injuries are often the result of trauma to the body. They can be caused from a single event which is then made worse by subsequent activities or injury. These injuries – typically resulting in sprains or strains – are painful. Sometimes they result in bruising. The muscles, ligaments and tendons are customarily affected. Treatment is difficult for physicians to predict. If internal organs or bones are involved, they are usually not soft-tissue injuries. However many soft-tissue injuries are bone-related.

Transcript – The official record of everything that is said in court, taken by a stenographer.

Trial – A court proceeding at which a judge or jury decides which side is to prevail in a legal contest.

Vacate – An order that a prior court order is to no longer have any legal effect.

Waive – To voluntarily give up a legal right.

Wrongful Death – A wrongful death action results when one’s life is ended by the wrongful actions of another party. These claims are usually brought by a survivor of the person killed. Other loved ones become a part of the wrongful death claim in seeking monetary compensation for their losses. In Ohio, the probate judge has the final say on a wrongful death claim.

View More Key Terms – Lawyer Speak

Had An Accident and No Car Insurance?

Had An Accident and No Car Insurance?

Personal Injury Attorney

The penalties for driving without valid car insurance is quite significant in many states. The penalties become even more severe, if you are involved in a motor vehicle accident and are not in possession of the required insurance. In such an instance you would need to contract the services of a personal injury attorney to provide a defense on your behalf. Additional information is provided below.car accidnt lawyers

If You Reside in a No-Fault Insurance State

When last counted, there was a total of 12 states that were following the “no-fault” car insurance system.
In this kind of state, when an individual is injured in a car accident, they would usually seek compensation from their personal car insurance coverage. In very rare situations, the injured party would file a lawsuit, and go outside of the boundaries of the no-fault system.
If you happen to reside in a no-fault state and are the person at fault in an accident, and have no insurance, you cannot be named as a defendant in a lawsuit by the other driver, neither can they seek compensation from you. This will be possible only in certain circumstances where the injuries are deemed to be of a “serious” or “significant” nature, as defined by the state, or in situations where medical expenses are in excess of a specific amount, such as $20,000. Should a lawsuit be filed against you, any damages that you are required to pay to the injured person will be out of your own finances, since you would be without insurance. At this point you may have to contract the services of a lawyer, unless you want to provide your own defense. You will not be able to offer the defense that you are unable to pay the specified amount. A judgment will be entered against you, once you are found to be liable and deemed to be responsible for payment of the other driver’s damages.

What If I Live in a Tort State?

The majority of states do not follow the “no-fault” insurance system and are referred to as “tort” states. If you are the person who causes a car accident that results in injury to another person, in those states you can be sued for all the damages suffered by the person from the car accident. The costs could include lost wages, property damage, medical bills as well as any physical or mental pain and suffering. In the absence of an automobile liability insurance policy, you will be held personally responsible for the payment of these damages to the injured person. This means that you will have be make payment out of your pocket. If the other driver is successful in obtaining a judgment against you after the case is tried, there are several options that they can pursue to ensure that they get some or all of the judgment due to them. This could include the garnishing of your wages. Get more information about Collecting a Judgment.accident Injury Lawyers

What If the Other Driver Caused the Car Accident?

If another driver is the cause of the accident and you suffer injury, what may be recoverable from the other driver might be restricted, if you did not have your own car insurance.
Many states have a rule referred to as “No Pay, No Play.” The compensation due to you in these states for your injuries is limited, if you are not the holder of valid automobile insurance at the time the accident occurred. While being able to get reimbursement for your medical bills, you will not be able to recover “non-economic” damages such as compensation for any pain and suffering.
The rationale used for this rule is that you should not be able to claim the full benefits of another person’s insurance, if you have not secured the required auto insurance for yourself. The most recent list of “No Pay, No Play” states include the following:
Alaska
California
Iowa
Kansas
Louisiana
Michigan
New Jersey
North Dakota
Oklahoma
Oregon

Penalties for Driving Without Car Insurance

If you do not possess valid insurance and are involved in a car accident, you may also be subject to criminal or administrative penalties. Fines in almost every state can amount to hundreds and sometimes thousands of dollars. The Department of Motor Vehicles also imposes penalties, that may include suspension or revocation of your driver’s license, which could extend for a period of a few months to one year. More information about Car Accident Law on this website

View More Had An Accident and No Car Insurance?

Do you need a Texas Accident Attorney?

Do you need a Texas Accident Attorney?

If you’ve been the victim of an accident and have suffered pain or loss, you may well be asking yourself that very question.

Some people rush to call Texas auto accident attorneys at the drop of a hat.

I guess that’s the “sue-happy” world we live in these days. America has become a very litigious society.

On the other hand, there are those individuals who wait far too long to get a lawyer involved in their situation.

It’s really great if you can work with your insurance company to get a fair and just settlement for an accident or injury you’ve experienced as the result of a collision. accident lawyers

In a perfect world, you would report your situation, turn in all the necessary evidence (accident details, medical reports and receipts, repair estimates, etc) and be given compensation for your losses.

Unfortunately, we are not living in a perfect world!

IYou need to know when you’re up against the wall and you need professional assistance.

Is your insurance refusing to pay?

Is their insurance company refusing to pay?

Do you have medical bills that aren’t being dealt with?

Did the other party not have insurance at all?

These are all reasons that should lead you to seriously consider an Accident Lawyer TX. Unfortunately, insurance companies have power and money on their side. If they refuse to be honest and fair, you’re left with very few alternatives.

Thankfully, I’ve never had to sue anyone, and I hope I never find myself in that situation. But, I hope that I’d have the good sense to consider a qualified automobile accident attorney should I ever really need one.

A good Texas accident attorney does a lot of groundwork to determine whether or not you have a legitimate case they think you can win. They’ll go over the accident report, witness statements, and photos of the accident scene.

It’s important to consult with a lawyer who has a thorough understanding of Texas’s No-Fault Law as well as Underinsurance and Uninsured Motorist Coverage issues.car accidnt lawyers

If you don’t have much money to hire a top notch auto lawyer in Texas, but you really feel you have a case, be aware that there are many good law firms in Texas who will consider your case.

Some accident firms have a policy of only charging you a fee if they win your case for you. You then pay the Texas auto accident attorney a percentage of the money they recover for you.

Have you had any experience dealing with an auto accident lawyer? Tell us about it. Doesn’t matter if it was good or bad, we’re interested in hearing your car accident lawyer review.

View More Do you need a Texas Accident Attorney?