36 LEGAL TERMS AND WHAT THEY MEAN

You’ve probably heard the metaphor, “It’s all Greek to me,” when someone is confused by a subject. The law is “Greek” to many people, and most people frequently misunderstand and misuse legal terminology.

For many legal clients, pursuing a lawsuit after being the victim of a car wreck is the first contact they have with the court system. Navigating a car accident and subsequent lawsuit is often a confusing and intimidating experience for car wreck victims and their families. The process is further complicated by the use of unusual terms or words that are confusing to anyone who has never previously been involved in a lawsuit.

36 Common Civil Law Terms Explained

Below is a list of 36 words you may hear if you are involved in a personal injury lawsuit, along with their meaning:

1. Personal Injury: Any injury to the body, mind, or emotions of a person, as opposed to an injury to property. A personal injury can be an injury sustained in a car wreck, slip and fall, oil field accident, medical malpractice, or any other number of accidents.
2. Lawsuit: A civil action brought in a court of law in which a person who suffered a loss as a result of another person’s actions demands a remedy.
3. Civil Case: Civil law is most often used as a generic term for all non-criminal laws, usually as it applies to settling disputes between private citizens or entities. A civil case is a lawsuit brought in civil court, which is a division of the state and federal court system. Lawsuits involving car wrecks, divorces, contract disputes, evictions, and land disputes are all examples of civil cases.
4. Plaintiff: The person or company who initiates a lawsuit in a court. By doing so, the plaintiff seeks a legal remedy.
5. Defendant: In a civil case, a defendant is a person accused of injuring another person through a car wreck, breach of contract, or other action. Many times, clients confuse defendants with insurance companies. However, defendants often have insurance, which may pay for the damage caused by a defendant and may pay for an attorney for the defendant; the insurance company is not usually a defendant.
6. Jury Trial: This is a legal proceeding in which a jury (group of citizens) makes a decision or findings of fact after hearing the facts of a lawsuit. In Texas, most (but not all) jury trials are made up of 12 individuals. Members of a jury must be residents in the same county in which the lawsuit is pending.
7. Bench Trial: A court proceeding in which a judge reviews all the facts of a lawsuit and makes a decision regarding which side should prevail.
8. Damages: A remedy in the form of a money award to be paid to a claimant as compensation for loss or injury. To warrant the award, the plaintiff must show that the actions of the defendant caused the loss and they suffered damages as a result. To be awarded in a lawsuit, they must involve damage to property or mental or physical injury.
9. Discovery: A pre-trial procedure in a lawsuit in which a plaintiff or defendant can obtain evidence from the other party or parties by asking specific questions. There are several different ways to ask questions, and these are referred to as interrogatories, or requests for production of documents, requests for admissions and depositions.
10. Settlement: A resolution between a plaintiff and a defendant about a legal case. A settlement can be reached either before or after a lawsuit begins.
11. Mediation: Mediation is a form of alternative dispute resolution, resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. A mediator is usually another lawyer with no connection to the case that meets with both parties and attempts to work out a resolution to the lawsuit without the need to go to court. 
12. Personal Injury Protection (PIP): This is an extension of car insurance available in some U.S. states that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage because even if the person seeking PIP coverage caused the accident, they are entitled to make a claim under the PIP portion of their policy. Typically, a PIP claim is made by the insured driver to their own insurance company. However, there are several exceptions that allow persons to make a PIP claim if they do not own a vehicle. 
13. MedPay: Car insurance protects your car, not the people inside of it. Medical payments to others (often called MedPay) covers the medical payments of all passengers in your vehicle if they are injured in an accident. MedPay will cover the medical costs resulting from an auto accident, regardless of who was at fault. Only injuries caused directly by the accident will be covered by MedPay.
14. UM: Uninsured motorist insurance is a coverage that protects you if you’re involved in an accident with someone who does not have liability insurance or does not have enough liability insurance to pay for your damages. UM insurance also protects you and your passengers if struck by a hit-and-run driver. Covered UM expenses for you and your passengers include medical bills, lost wages and pain and suffering.
15. UIM: Underinsured motorist insurance (UIM) pays for injuries, such as medical expenses, that result from an accident caused by a driver who has too little insurance to cover all of the injuries. In some cases, UIM is part of UM.
16. Negligence: Negligence refers to carelessness or the failure to act in a way that a “reasonable or prudent person” would do in the same given circumstances. Negligence is different from intentional wrongs, such as assault or trespassing, but can still cause serious physical, emotional, or financial harm.
17. Malpractice: In healthcare, medical malpractice occurs when an individual is harmed by a doctor or healthcare provider due to negligence.
18. Judge: A judge is a person who presides over court proceedings. In state court, the judges are usually elected officials who live in the county where the lawsuit is filed.
19. Petition: The title of a legal pleading filed by the plaintiff that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) is called a petition.
20. Answer: The title of a legal pleading filed by the defendant that officially responds to a petition filed by the plaintiff.
21. Appellate Court: A court that reviews decisions made by lower courts. It has the authority to uphold, reverse, or remand cases, ensuring legal correctness and fairness in the trial process.
22. Appellate Courts: Judicial bodies that review decisions made by lower courts. They impact legal decisions by affirming or altering rulings from trial courts and establishing binding interpretations of the law for lower courts to follow.
23. Common Law: A legal system based on court decisions and legal principles rather than written statutes. It originated in England and is now applied in the United States, relying on historical judicial rulings to establish legal precedents.
24. Criminal Proceedings: Legal processes and standards required in the prosecution of criminal cases. This includes the roles of prosecutors, defendants, and witnesses and the necessity of proving guilt beyond a reasonable doubt.
25. Federal Civil Juries: A specific type of jury that comprises at least six citizens responsible for hearing evidence and determining facts in federal civil trials.
26. Federal Civil Juries: These juries are made up of at least six persons, distinguishing them from federal criminal juries, which typically consist of twelve members.
27. Federal Courts: Courts with jurisdiction over cases involving the U.S. Constitution, acts of Congress, and treaties. They play a role in criminal justice, bankruptcy proceedings, and the administration of justice through appointed public defenders.
28. Federal Criminal Juries: A specific type of jury that comprises 12 citizens responsible for hearing evidence in federal criminal trials and determining the facts in dispute.
29. Habeas Corpus: A legal writ that compels law enforcement to produce a prisoner in court and justify their detention, protecting individual rights and ensuring legal compliance during confinement or custody proceedings.
30. Law Enforcement Authorities: Involved in legal procedures, specifically in relation to the writ of habeas corpus, which mandates that these authorities produce a prisoner in their custody to justify the reasons for their continued imprisonment.
31. Law Passed: The process by which a statute becomes law, detailing the implications and applications of various statutes enacted by legislative bodies.
32. Legal Authority: A court’s ability to hear and decide specific types of cases. It defines jurisdiction, including the geographic area a court serves and how courts can exercise their powers and make legal determinations within their established boundaries.
33. Legal Proceedings: Formal processes to enforce justice and protect individual rights. This includes references to the court systems and related actions necessary for disputing cases, such as the initiation of lawsuits, presenting evidence, or the steps involved in resolving civil and criminal disputes.
34. Plead Guilty: During the arraignment stage where an accused person is formally charged and asked to enter a plea, indicating acceptance of the charges against them, which may lead to sentencing without the need for a trial.
35. Reasonable Doubt: The level of certainty required for a jury to convict a defendant in criminal law. It reflects the necessity for the prosecution to prove the defendant’s guilt so convincingly that no reasonable doubt remains in the minds of the jurors regarding the defendant’s culpability.
36. Supreme Court: The highest court in the judicial system, establishing binding precedents that lower courts must follow. It directs lower courts to transmit records for cases it will hear on appeal.

Why Choose The Law Firm of Chaile Allen for Your Personal Injury Court Proceedings?

At The Law Firm of Chaile Allen, our Abilene personal injury attorney understands how overwhelming and life-changing a personal injury can be. The Law Firm of Chaile Allen is dedicated to providing the personalized and compassionate legal representation you deserve. Our extensive knowledge of local legal landscapes allows us to advocate for your best interests while offering tailored solutions that fit your unique circumstances.

Our community-centered approach ensures that your case is handled with the attention and care that only a locally-owned independent firm can offer. Chaile Allen prides herself on delivering results-driven litigation while maintaining the highest levels of client satisfaction. Reach out to The Law Firm of Chaile Allen today at (325) 670-9282 or visit the contact form to discuss how Chaile Allen may be able to help you move forward.