Call Toll Free 1-888-792-3595

What are some common legal terms that are used in Iowa civil litigation cases?

A:

Please keep in mind that these are general definitions:

Plaintiff(s)- In personal injury cases these are the people who have been injured and are bringing the claim. 

Defendant(s)- These are the people who are alleged to have done something wrong.  The wrong can be negligent acts, intentional acts, breach of contract, etc.

Lawsuit- The name for the legal process people to resolve their claims

Civil Justice System- the American Court system in which the parties involved resolves matters in a civil matter.  The facts and evidence are presented to a neutral judge or jury to make a decision based upon the law that applies to the case. 

Personal Injury Claim- This is a claim made by a person who has sustained injuries in a car accident, fall, construction accident or other injury incident.

Workers' Compensation Claim- This is a claim made by an injured worker against their employer and/or their insurance company for injuries caused by work related events. 

Burden of Proof- The standard is more likely than not or 51% of the evidence.  Generally, the Plaintiff(s) has the burden of proof and must prove all aspect of the case by the majority of the evidence.  If the Defendant(s) has raised affirmative defenses, then usually the Defendant(s) will have the burden of proof to prove their affirmative defenses. 

Affirmative Defense- This is a defense that the Defendants raise in response to the Plaintiff(s)' claims.  An example is comparative fault in which the Defendant(s) allege that the Plaintiff(s) are partially responsible for the accident or event. 

Negligence/Fault- Also known as fault and is the failure of a person or corporation to act as careful as a reasonably careful person/corporation would under the circumstances and situation.  Specifically, the Iowa jury instructions define negligence as the failure to use ordinary care.  Ordinary care is the care which a reasonably careful person would use under similar circumstances.  "Negligence" is doing something a reasonably careful person would not do under similar circumstances, or failing to do something a reasonably careful person would do under similar circumstances.

Proximate Cause- In addition to proving negligence of the Defendant(s) the Plaintiff(s) must also prove proximate cause.  The conduct of a party is a proximate cause of damage when it is a substantial factor in producing damage and when the damage would not have happened except for the conduct.  "Substantial" means the party's conduct has such an effect in producing damage as to lead a reasonable person to regard it as a cause.

Jury Instructions- These are the written instructions that the judge gives to the jury based upon the law that applies to the case.

Damages- In a personal injury case these are the physical injuries that require medical treatment and the resulting past and future medical expenses, loss of quality of life, loss of income, loss of earning capacity, pain and suffering, permanent injuries and loss of consortium damages.  In other civil litigation cases in which there are not injuries these can include costs to repair a home in a negligent construction case, etc. 

Punitive Damages- These are damages allowed in a very limited number of cases in which the conduct of the Defendant(s) is considered more than just negligent.  The Plaintiff(s) is required to prove by the preponderance of clear, convincing and satisfactory evidence the Defendant(s)' conduct constituted a willful and wanton disregard for the rights or safety of another and caused actual damage to the Plaintiff.  Punitive damages are designed to punish the Defendant(s) for their conduct.  An example of a case in which punitive damages could be an issue is if a drunk driver hit and injures or kills another person.