Accident Lawyer Tips Legal Process and Court Procedures 1

Question 1

What is 'discovery' in a personal injury lawsuit?

Accepted Answer

The pre-trial exchange of information and evidence between parties

Answer

Discovery allows both sides to gather facts through depositions, interrogatories, and document requests before trial.

Question 2

What is a 'deposition' in an accident lawsuit?

Accepted Answer

A sworn out-of-court testimony recorded for use in litigation

Answer

Depositions are sworn oral testimony taken outside of court that can be used at trial to establish facts or impeach witnesses.

Question 3

What does 'burden of proof' mean in a civil accident case?

Accepted Answer

The plaintiff must prove the defendant's negligence by a preponderance of the evidence

Answer

In civil cases, the plaintiff must show it is more likely than not (over 50%) that the defendant's negligence caused the harm.

Question 4

What are 'interrogatories' in a personal injury case?

Accepted Answer

Written questions that the opposing party must answer under oath

Answer

Interrogatories are formal written questions exchanged during discovery that must be answered under penalty of perjury.

Question 5

What is a 'motion for summary judgment' in an accident case?

Accepted Answer

A request asking the court to rule in one party's favor without a trial because no genuine dispute of fact exists

Answer

Summary judgment is granted when there are no disputed facts and one party is entitled to win as a matter of law.

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