COMMON LEGAL TERMS

The Complaint-The start of an Oregon Personal Injury lawsuit begins when the injured person (the "plaintiff") files a "complaint" at the appropriate courthouse within the statute of limitations.  

Service-After the Oregon personal injury lawsuit complaint is filed, "service" must be effected on the person who caused the injuries (the "defendant"). Service is usually effected by the county Sheriff's office or a process server.  The purpose of service is to let the defendant know that a lawsuit has been filed against them and that they need to respond to the complaint with an "Answer."

The Answer-The "Answer" is the defendant's response to the plaintiff's Oregon personal injury complaint. Sometimes other documents are filed before the defendant files an Answer. The Answer not only responds to the plaintiff's complaint but can also contain "affirmative defenses," "cross-claims," "counterclaims" and other legally significant elements.

Discovery-After the Complaint and Answer have been filed in an Oregon personal injury lawsuit, the discovery process begins.  Discovery is the exchange of information between the plaintiff and defendant and can be in the form of depositions (sworn testimony), written requests for admissions or written requests of production of documents, to name a few.

Arbitration-Many Oregon personal injury cases are arbitrated.  Arbitration is the process where the plaintiff and defendant present their cases to a neutral third party fact finder (the "arbitrator").  After hearing the Oregon personal injury case, the arbitrator makes either a binding or a non-binding decision concerning liability and damages.  Oregon personal injury arbitrations are usual less formal and ceremonious than Oregon personal injury trials, however, professionalism demands that both parties take the process seriously and participate in good faith.

Mediation-Some Oregon personal injury cases are mediated. Mediation is the process where a neutral third party (the "mediator") attempts to help the plaintiff and defendant reach settlement through facilitated negotiation.

Trial-Sometimes Oregon personal injury cases do not settle and go to trial. Trial is a formalized presentation of facts and law. The presentation is usually presented to a jury.  Sometimes the parties agree to a "bench trial" wherein a judge acts as the fact finder and comes up with a verdict on her/his own. Oregon personal injury trials begin with the selection of a jury through what is called "voire dire." After a jury has been selected, the plaintiff and defendant give opening statements. The plaintiff then presents his "case in chief" followed by the defendants case in chief. The parties then give closing statements and the judge instructs the jury on their job. After the judge reads jury instructions to the jury, the jury is then sent into a jury room to decide the verdict.

Appeal-Sometimes Oregon personal injury cases are appealed because one or both of the parties feel that either a procedural or legal error was made at trial. The appeal process takes a long time and cases often settle while on appeal.

Settlement-Settlement can occur at any time before or throughout the lawsuit process. The decision to settle is entirely up to the parties. Many social, financial, legal and factual factors motivate parties to settle.

You are invited to contact Joe Durkee today for a free consultation-
Phone 971.998.6790
E-mail kjdurkee@yahoo.com

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DISCLAIMER
Oregon Personal Injury Lawyer / Attorney Web sites, including this one, provide general information but do not provide Oregon Personal Injury Attorney / Lawyer legal advice.  Consult an experienced Oregon Personal Injury lawyer / attorney who handles car collision injury,injury, bike collision injury, bicycle collision injury for Oregon Personal Injury advice about specific Oregon personal injury claims or Oregon personal injury cases.  Remember that virtually all Oregon personal injury, car injury, motorcycle injury, bike injury, bicycle injury, wrongful death and premises injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon Personal Injury Lawyer / Attorney advice by a qualified Oregon Personal Injury Lawyer / Attorney in Oregon.  Oregon Personal Injury attorneys / lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in an automobile, auto, car, bike, bicycle, motorcycle, moped, bicycle or truck related collision causing injury, consider Oregon lawyer / attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon Personal Injury attorney / lawyer handling car collision, auto collision, automobile collision, motorcycle collision, moped collision, bike and bicycle collisions in Oregon land does not seek cases outside of the State of Oregon.

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