LEGAL PLEADINGS/MOTIONS
FACT
FINDING
AVENUES OF RESOLUTION
LEGAL
POTPOURRI
SOURCES OF RECOVERY
100
What is an Answer
This document is defendant's response to plaintiff’s complaint. Generally, this document contains defendant’s version of events, affirmative defenses and request for relief.
100
This document contains written questions served by one party upon another requesting information about the lawsuit.
What are interrogatories
100
This is a form of Alternative Dispute Resolution in which evidence is typically taken and a decision issued. Depending on the agreement, it may be binding or non-binding.
What is Arbitration
100
This is the time limit in which to pursue a claim. The time limit may vary depend on the state and the type of claim.
What is the Statute of Limitations
100
An insurance policy that pays for injuries caused to other individuals in the event of a motor vehicle accident.
What is Bodily Injury coverage
200
This legal document starts a lawsuit. The document contains plaintiff’s version of the facts and claim(s) for relief.
What is a Complaint
200
This action occurs in the discovery phase and involves questioning a witness under oath.
What is a deposition
200
This is a non-binding form of Alternative Dispute Resolution
What is Mediation
200
This is formed by operation of law. It is considered an equitable remedy so as to prevent unjust enrichment, which is when the law imposes an obligation upon one party to hold specific property for another. The person so obligated becomes a constructive trustee towards the person to whom he owes performance of the obligation.
What is a Constructive Trust
200
This is first party insurance coverage that provides coverage when teh at-fault vehicle has liability coverage in an amount that is less than the loss sustained.
What is Underinsured Motorist coverage (UIM)
300
This document is a legal “flow chart” completed by the jury regarding negligence and damages.
What is a Special Verdict Form
300
This term is used to describe the investigation phase of the lawsuit
What is the Discovery phase
300
This is a form of alternative dispute resolution in which a mock jury renders a (typically) nonbinding decision.
What is a Summary Jury Trial
300
Equitable, contractual, statutory
What are types of subrogation
300
Coverage for the owner of land or property who are deemed responsible for certain injuries suffered by persons who are present on the property
What is Premise Liability
400
This document is a court order outlining discovery, motion practice, alternative dispute resolution, pre-trial submissions and trial deadlines/dates.
What is a Scheduling Order?
400
The physical examination of the plaintiff by a doctor retained by the defense.
What is an Indepedent Medical Examination (IME)
400
What is a Settlement Conference
This meeting is sometimes requested prior to the court hearing to see if a judge can find a compromise that will negate the need for trial.
400
What is a Collateral Source
This is compensation paid to a plaintiff following an accident by an individual or entity other than the tortfeasor. Insurance coverage, job benefits, donations and gratuitous services are examples of collateral source benefits. Generally, evidence of this is inadmissible at trial.
400
This is first party insurance that provides benefits when the at-fault driver has no liablity insurance coverage
What is Uninsured Motorist (UM) coverage
500
This motion and accompanying memorandum are filed with the court and seek a dismissal of a claim because there is no material issue of disputed fact.
What is a Motion for Summary Judgment
500
What is Request for Admissions
This document is used is a request that a party admit to the truth or falsity of a matter.
500
This legal document asks the court to determine the party or parties who have legal claim to disputed funds. In subrogation/reimbursement, the plaintiff attorney will sometimes deposit the settlement funds with court. Alternatively, an insurance company may deposit the policy limit with the court.
What is an Interpleader
500
What is a Collateral Source Offset
This is a court’s post-trial reduction of collateral sources from a jury’s award to prevent plaintiff from making a double recovery
500
This recovery source comes from a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits are sold
What is a dram shop
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