When you are hurt by the negligent acts of another person, the road to getting relief is often not as straightforward as you might like it to be. In fact, this road is strewn with legal jargon. Simply trying to navigate tricky terms can be challenging. Even if you plan on having a lawyer by your side, it can help to understand some of the key terms that may come up in a personal injury relief.
In legal terms, a tort is any action that is not a violation of criminal code nor a breach of contract. For example, failing to secure the railing on a deck is not a criminal act, but it can lead to injury if someone leans up against it. Basically, what you as the plaintiff need to understand is that the action that lead to your injury is called a tort.
In criminal law, you have a government-assigned prosecutor who brings charges against a defendant. In a tort case, there is no crime, but the person who sues for relief after receiving an injury is known as the plaintiff.
Prayer for Relief
Although it sounds like a religious action, a prayer for relief is the part of your suit that specifically mentions what you want the defendant to provide so that you can find relief for the injuries you have received. This prayer for relief is part of a larger complaint.
While on the face of it, the term complaint seems to trivialize your cause, the word "complaint" is often used instead of suit to describe the legal action you are taking. A complaint must not only state what reparations you want, but it will also contain the evidence of your injury and the defendant's wrong doing.
Burden of Proof
Because the default setting in the American legal system is "innocent until proven guilty," the plaintiff shoulders the burden of proof. In other words, if you don't bring enough evidence to prove guilt, the defendant likely will not have to pay any damages Thus, you need to make sure you have a solid case before you proceed to court.
Anyone who is familiar with the legal system knows that going to court is often like going to a foreign country in that the court almost has it own language and customs. It would take volumes to explain all of the terms that could come up in a legal case. Still, the terms defined above should be a good start. At the very least, they should help to demonstrate why it is vitally important to have a lawyer by your side when you go to court: even words that seem commonplace take on their own special meaning in court. Click here for more info.Share
11 April 2016
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!