Circumstantial evidence allows us to build a case that can convince a reasonable person when direct evidence is missing or unavailable. In many disputes, direct evidence can’t be obtained, but there are plenty of clues that a lawyer can put together that establish a chain of events and responsibility for an outcome. Find out how …
Subrogation
Subrogation is a common occurrence in personal injury cases, but many people aren’t sure exactly what it means for them or their claim. Most cases feature some degree of subrogation, typically from insurance companies. Find out what it means for you and how an experienced attorney can help you navigate this process so you can …
Stipulation
You might think stipulations can only complicate things, but they can actually simplify and streamline your court case. Stipulations function as a set of ground rules and can focus your case on what’s actually in dispute. An experienced lawyer can agree on stipulations with the opposing side, but it’s helpful to know what kinds of …
Oath
An oath is a central part of any testimony in court and is critical to the integrity of the overall legal proceeding. As a sworn statement, an oath obligates a person to tell the truth and confers heavy penalties on those who knowingly and willfully lie while under it. Knowing what an oath is and …
Interrogatories
After an accident, you’re sure to have plenty of questions for the other side. The good news is that you have the legal ability to get the answers you need from the other parties in your lawsuit. Interrogatories can help you gather important information that can help you make a case – or defend yourself …
Adjudicate
The term “adjudicate” means to make a judicial determination on an issue. Adjudication is the process by which a judge or arbiter will review evidence and arguments from you or your lawyer and make a decision about a legal issue. When you file a civil case, you are requesting that a judge or jury make a …
Mitigating Circumstances
Life is rarely black and white, and mitigating circumstances are the shades of grey that can change the nature of someone’s actions. A lawyer can cite mitigating circumstances to swing the outcome of a case in your favor or against it. Find out how they can impact your case. What are mitigating circumstances? Mitigating circumstances …
Eggshell Plaintiff
Humans bodies are fragile, but “eggshell plaintiffs” are especially so. In an accident, a person with a pre-existing medical condition or a some characteristic that makes them less resilient than a typical person can suffer outsized harm and monetary damages. As a result, the legal system recognizes these differences and holds defendants responsible for any …
Statute of Limitations
Statute of limitations laws place a time limit on your ability to collect damages after an accident. Courts want victims in civil cases, including car accident claims and other personal injury cases, to come forward as soon after the accident as possible. If you’ve been in an accident, it’s vital to seek out the help …
Wrongful Death Definition
Wrongful death is a type of legal claim that arises when someone is killed because of the action or inaction of another person. This type of lawsuit is asserted by family members who have lost their loved one. Unfortunately, some accidents lead to more than just injuries and property damage. Car accidents, slip and fall …
Claim
A claim is a legal right you assert against another person or party. It can be for money, property, or for a certain type of action. Most claims are for money to address financial losses that someone has faced after an accident or similar incident. The term “claim” is also used in other contexts apart …
Direct Examination
Direct examination is the process of an attorney questioning a witness (or you) who will be favorable to your case. This person’s testimony is included as part of your case-in-chief presented to a judge or jury. Direct examination is the opposite of cross-examination, where your attorney asks questions of someone who may present testimony that …
Class Action Lawsuit
A class action lawsuit is a lawsuit where many people have the same injury or the same types of damages, and they all join together to sue the party responsible as a group. Class action lawsuits are used when one party has wronged lots of people. Common examples include defective products, dangerous medications, and negligent …
Preponderance of Evidence
Preponderance of evidence means the superior weight of evidence upon the issues involved, which, while not enough to free the mind wholly from reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than the other. The preponderance of the evidence is an evidentiary standard used …
Litigation
Litigation is used to describe the legal process of asserting a lawsuit. It is between two or more parties, and it involves enforcing a legal claim for money damages or another remedy or defending a legal right. Although litigation is commonly associated with the term, “lawsuit,” they are actually slightly different concepts. Litigation involves both …
Lawsuit
A lawsuit means bringing a case in a court of law. It involves a legal claim or complaint against another party. A judge or jury will make a decision to end a disagreement between the parties involved. A lawsuit is a way to get money damages after someone harms you, often in a car accident, …
Assumption of Risk
Assumption of the risk is a legal doctrine under Georgia law. It’s used as a defense to tort claims like car accidents and slip and fall incidents. It states that the accident victim (or plaintiff) knew about the risks of harm and took that course of action anyway. Georgia code addresses this defense to legal …
Ad Litem
Ad litem is a Latin phrase that literally means “for the suit.” It’s used in lawsuits where the court appoints someone else to bring legal action or help someone defend themselves. Usually, someone is named because the party is a child or an incapacitated adult. You will most often see this term in family law …
Third Party Litigation
Third-party litigation is when a third-party funder invests money into a lawsuit between two parties in exchange for a certain percentage of the claim amount. Third-party litigation is also known as third-party funding, litigation funding, or legal financing. Through third-party litigation, someone can bring a case without having to pay for it—either because they don’t …
Lawyer
Lawyers have thorough training and knowledge regarding the law. It is their business to know your rights in your legal case. Many attorneys will focus on specific areas of the law because it would be impossible to know every aspect of every category of the law. Lawyers who work in personal injury matters, such as …
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