The legal landscape is daunting for those who have never been through it before. Our DC car accident lawyers quickly ensure you feel confident throughout the process. When you have a question, we encourage you to contact us so we can immediately put your mind at ease. While our attorneys will put the concepts and advice into words that are easy to understand, it never hurts to learn and do research without feeling like you need to understand everything immediately. These are complex concepts and processes, and it never hurts to read through the steps a few times to ensure you have a firm grasp of what to expect.
List of Terms and Phrases
What is Liability?
In a criminal case, we deal with culpability or guilt. If the prosecution presents a successful case, convincing the jury that the defendant is guilty beyond a reasonable doubt, the defendant is found guilty and sentenced. In a civil context, we do not deal with guilt. Instead, we deal with liability, the civil equivalent of guilt. Civil courts typically deal with money damages, not freedom. Accordingly, it is a lower burden of proof to prove liability. For all the damages we prove as the plaintiff, the defendant is liable for those damages if we can prove he acted negligently in causing your injuries.
Who is a Defendant?
In a criminal context, the defendant is the person the state accuses of committing a crime. In a civil context, the defendant is the person or entity we sue for monetary damages. There are two reasons our personal injury lawyers will sue a defendant. The first reason is if they injured you due to intentional conduct. This is known as a battery in the tort system. The second reason to sue a defendant is for negligence.
In related contexts, the defendant may be referred to as a respondent, but that is generally in an appellate setting.
What is Contributory Negligence?
Contributory negligence in a personal injury matter is a complete defense in Maryland and Washington, DC. That makes it a serious issue and a defense all plaintiffs should be aware of prior to pursuing a claim. Of course, an effective injury attorney will consider whether you are susceptible to this defense before pursuing a claim. Otherwise, you are wasting your time and resources pursuing a meritless claim. A contributory negligence defense is an affirmative defense. This means the burden of proof to prevail on this defense is for the defendant to prove all four elements of negligence against the plaintiff. If they are successful, then the original lawsuit will be defeated.
What is Burden of Proof?
The burden of proof is the standard that the plaintiff or prosecution must satisfy to be successful. In a criminal context, the burden of proof is beyond a reasonable doubt. This is an intuitive-sounding standard. It means the jury must believe that the elements of the crime have been satisfied to the extent that they do not have any reasonable doubts that they could not be true. This is a high standard. Meanwhile, for a civil case such as a personal injury matter, the burden of proof is that a jury must believe the elements have been proven by a preponderance of the evidence. In both contexts, the burden of proof is on the party that brings the case. Thus, if you are injured in a personal injury matter, you are the plaintiff and bring the case against the defendant.
Accordingly, the burden of proof is on you to prove each element of negligence or the intentional tort you allege.
What is Duty of Care
Duty of care is the first element a plaintiff must prove in a personal injury case. When we go to trial for your case on a negligence matter, there are four elements we must prove, all of which must meet the burden of proof. If a defendant injures you, that does not necessarily mean they are liable for your injuries. The classic example is a case involving the Long Island Railroad (LIRR). In that case, a tortfeasor drops a box carrying fireworks. The box explodes, leading to an injury on the other end of the platform. While the causal link can be established, no duty was owed to the plaintiff. The reason is simple. The defendant must owe a duty to the plaintiff for the plaintiff to be able to recover. To owe a duty, the plaintiff must be foreseeable.
There are specific and unique scenarios where a plaintiff may be foreseeable. Of course, this depends on the jurisdiction you are in and the rules of that state.
- First, danger invites rescue. Thus, if a defendant is negligent in getting into a precarious situation, and a plaintiff later comes to rescue him upon seeing the defendant in danger and gets injured, the defendant is liable for the plaintiff and rescuer’s injuries.
- Second, prenatal care is actionable. This means a fetus may be a foreseeable plaintiff against a tortfeasor.
What is Proximate Causation?
Proximate causation is also one of the elements necessary to prove negligence in a personal injury case. In addition to being a cause in fact, the defendant’s conduct must also be a proximate cause of your injuries. A proximate cause is also known as a legal cause. This is a critical piece of the legal puzzle. Suppose you are in a car accident with another driver who is at fault. The at-fault driver rear-ended your car. Liability is clear, and the other driver is at fault. You have a case against the other driver. But the other driver hit your car because they were not paying attention to the road and were on the phone in a heated argument with their friend. Should the friend also be liable for your injuries?
The friend is an actual cause of your injuries. However, we must also consider whether the friend proximately caused the accident.
What is Joint and Several Liability?
When two or more tortious acts combine to proximately cause an injury to a plaintiff, each person responsible for the injury is jointly and severally liable for the plaintiff’s damages. This means each defendant is liable for all damages causally related to the accident. However, joint and several liability only exists if the damages are indivisible. This refers to when it is impossible to know who caused which part of the injury. This can be true even when the tortfeasors act independently from one another.
One exception to the rule on indivisibility is if the tortfeasors are not acting independently but instead are acting together.
What is Mediation?
A mediation is a form of alternate dispute resolution (ADR). Technically, anything other than filing a lawsuit and receiving a judgment from the judge at trial is a form of ADR. By far, the most common form of ADR is settling a case via negotiation over the phone. However, for more significant injuries, the lawyers for the plaintiff and the insurance company representing the defendant may choose to meet in person for mediation. At a mediation, there is a mediator who works to ensure there is a professional and productive negotiation. Mediation can take the entire day. While it can cost a couple thousand dollars, this is far less costly than going to trial and resolves the matter far quicker. It also retains all the other benefits of settling a case instead of filing suit.
Contact a Personal Injury Lawyer
For any questions on any of these legal terms or for assistance on a personal injury matter, contact Gelb & Gelb today for a free consultation and case evaluation at (202) 331-7227.
