November 2007 :: Seattle Car Accident Lawyer Blog

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Posted On: November 30, 2007

Superior Court

SUPERIOR COURT:: Superior Court in Washington State rules on claims involving probate, family law, real estate, criminal felonies and claims exceeding $300.00. Superior Court is the place where most personal injury cases are heart. Superior Court also hears appeals from District Court. Superior Courts were created under Article IV, Section 1 of the Washington State Constitution.

Posted On: November 28, 2007

Summons

SUMMONS:: A summons is a legal document that notifies a defendant(s) that a lawsuit has begun and that they have been named a defendant. A defendant must answer the summons, usually within 20 days, or a default judgment may be made against them.

Posted On: November 26, 2007

Summary Judgment

SUMMARY JUDGMENT:: A summary judgment is a determination that a court has made without a full trial. A summary judgment is based upon a motion made by one of the parties to the lawsuit that all necessary factual issues are settled or can only be decided one way. A summary judgment is based by declarations made under oath, excerpts from depositions, admissions of fact and legal arguments.

Posted On: November 23, 2007

Substantial Bodily Harm

SUBSTANTIAL BODILY HARM:: A substantial injury to a person which is temporary in nature but causes loss or impairment of the body or organ, a significant disfigurement or which causes a broken bone.

Posted On: November 21, 2007

Subpoena Duces Tecum

SUBPOENA DUCES TECUM:: A subpoena served to a person requiring them to bring documents in her or his possession or under her or his control for use at a hearing or trial.

Posted On: November 19, 2007

Subpoena

SUBPOENA:: A written command requiring a person to appear before court or a deposition and testify or else a punishment will be meted.

Posted On: November 16, 2007

Strict Liability

STRICT LIABILITY:: A legal doctrine that makes a person responsible without having to prove negligence. This includes someone possessing something inherently dangerous including wild animals, explosives or weapons.

Posted On: November 14, 2007

Statute of Limitations

STATUTE OF LIMITATIONS:: A statute of limitations is the maximum amount of time one can wait, after certain events, before before filing a lawsuit. If one does not file a lawsuit in the given period of time, there right to file a claim or sue is taken away from them. In Washington State, personal injury claims usually have a three year statute of limitations.

Posted On: November 12, 2007

Statute

STATUTE:: Written laws enacted by a legislative body. These are distinguished from common law which are a result of a judicial decision and regulations issued by Government.

Posted On: November 9, 2007

Special Damages

SPECIAL DAMAGES:: Special damages are the expenses and costs that resulted from a loss or injury. Damages include the cost of treatment which includes current and future medical expenses, loss of income and any other costs associated and as a result of an injury.

Posted On: November 7, 2007

Settlement

Settlement:: In personal injury cases, a settlement refers to when the parties to a dispute reach an agreement in the case and are said to "settle" the claim without going to a a final court judgment. Usually, settlements are negotiated by the attorneys or an attorney and an insurance company. Settlement terms are the amount the insurance company agrees to compensate the injured person(s) for their injuries.

Posted On: November 5, 2007

Service of Process

SERVICE OF PROCESS:: The process by which a defendant in a case is provided with legal notice to begin a lawsuit. The person who serves the summons must not be a party to the lawsuit and must be at least 18 years of age and competent to serve as a witness.

Posted On: November 2, 2007

Revised Code of Washington (RCW)

REVISED CODE OF WASHINGTON (RCW):: State of Washington statutes as enacted by the state legislature. Chapter 46.61 of the Revised Code of the State of Washington is the rules of the rodes and govern driving. Click here for some common ones that occur in automobile accident cases.

Posted On: November 2, 2007

Rules of Evidence

RULES OF EVIDENCE:: The Rules of Evidence govern what testimony and proof of a case, including testimony, documents and other evidence, may be submitted to a jury or other trier of fact and how much weight the evidence should be given. One of the most important rules is that hearsay may not be admitted.

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Seattle Car Accident Lawyer Blog

Published by Bellevue, Washington Personal Injury & Medical Malpractice Law Firm, Farber Law Group