Understanding Legal Terms in Central Florida: Personal Injury, Debt Defense, and General Law
Essential legal terms every Florida resident should know, with a focus on personal injury and debt defense in Volusia, Flagler, Orange, and Seminole Counties.
Florida Civil Litigation Terminology
Contingency Fee: A contingency fee is a payment arrangement where the attorney’s fee is only collected if the client
recovers money through a settlement or court award. Unlike traditional hourly billing, contingency fees align the attorney’s interests with the client’s outcome. At My Affordable Attorney, we offer a flat 25 percent contingency fee for personal injury cases. The typical contingency fees charged by other firms range between 33 to 40 percent.
Plaintiff: The plaintiff is the person or entity who starts a lawsuit by claiming harm and seeking relief.
Defendant: The defendant is the person or entity being sued and must respond to the plaintiff’s claims.
Summons: A document notifying a defendant of a lawsuit and requiring a response.
Complaint: The initial filing that begins a lawsuit.
Answer: The defendant’s written response to a complaint.
Affirmative Defenses: Defenses that, if proven, defeat or reduce the plaintiff's claim.
Motion: A motion is a formal request asking the court to decide on a specific issue during a case.
Motion to Strike: A request to remove improper allegations from a pleading.
Motion to Compel: A motion to force compliance with discovery.
Discovery: Pretrial process for obtaining evidence from the other party.
Interrogatories: Written questions that must be answered under oath.
Requests for Admission: Statements the other party must admit or deny.
Requests for Production: Requests for documents, photos, or other records.
Production from Non-Parties: Requests for documents from third parties.
Summary Judgment: A request to resolve a case without trial based on undisputed facts.
Bench Trial: Trial decided by a judge without a jury.
Jury Trial: Trial where a jury determines the outcome.
Statute of Limitations: A statute of limitation is a law that limits the time period to file a lawsuit after an injury or event.
Appeal: Request to a higher court to review a decision for legal errors.
Personal Injury and Property Damage Terms
Liability: Legal responsibility for causing injury or damage.
Negligence: Failure to use reasonable care, resulting in harm.
Modified Comparative Negligence: Florida allows recovery if you are 50 percent or less at fault. If more than 50
percent at fault, you cannot recover. This does not apply to medical negligence.
Causation: The connection between the defendant’s conduct and your injury.
Damages: Money awarded for medical bills, lost wages, property repair, pain and suffering, and diminished value.
Property Damage: Harm to your vehicle or property, including repair or replacement costs.
Diminished Value: Reduction in a vehicle's market value after repairs.
Auto Insurance & Medical Review Terms
Personal Injury Protection (PIP): Florida’s no-fault system that pays up to $10,000 regardless of fault. Must seek care
within 14 days.
Compulsory Medical Examination (CME): An insurance-ordered exam to dispute your injury claim.
Recorded Statement: A verbal statement taken by an insurer. Should be done with counsel.
Examination Under Oath (EUO): Formal interview by insurer about your claim. Requires truthful testimony.
Deposition: Sworn, out-of-court testimony recorded for use in court or discovery.
HIPAA: The Health Insurance Portability and Accountability Act protects the privacy of your medical records.
Debt Collection Terms
Default Judgment: Automatic win for the plaintiff when the defendant fails to respond.
Affidavit of Indebtedness: A sworn statement from the creditor alleging what is owed.
Assignment of Debt: Transfer of debt from original creditor to another party.
Stipulated Judgment: A judgment entered by agreement, often used in settlements.
Garnishment: Court-ordered collection through wages or bank accounts.
If you are facing a legal issue in Central Florida, including Volusia, Flagler, Orange, and Seminole Counties, understanding these key legal terms can help you navigate your case more confidently. At My Affordable Attorney, we provide clear, affordable legal guidance in personal injury, debt defense, and other areas of law throughout Central Florida. Contact us today at 866-466-5925 for a free consultation and get the support you need from experienced local attorneys. Schedule your appointment today.