Personal injury law is a complex and specialized field that deals with the legal rights and responsibilities of people who have been harmed by the negligence or wrongful actions of other individuals.
While filing a personal injury case, you will come across a lot of legal terminologies. However, to pursue a personal injury claim successfully, it is important to understand some of the legal terms of personal injury law. Click here to know more about personal injury law and the different categories that fall under it.
In this article, we’ve discussed the 15 legal terms that you should know if you are involved in a personal injury case. By knowing these terms, you can communicate effectively with your attorney about your case.
Personal injury
It is a legal term that refers to any harm or damage caused by the negligence of another party. It can affect the physical, emotional, or mental health of the victim.
Here are some examples of personal injuries:
- A slip and fall accident that causes a fracture, sprain, or concussion
- A car accident that causes broken bones, whiplash, or a brain injury
- A surgical procedure that leads to wrongful death or infection
If you have sustained injuries due to negligence, you can easily claim compensation from the individual or entity that caused your injury.
Plaintiff
In civil law, plaintiff is the legal term used to describe the individual or party who takes legal action against another individual or a group of individuals. The plaintiff is also known as the complainant.
Negligence
Negligence occurs when one party does not act with the level of care required by law to prevent harm to others. The victim must prove that the at-fault party had a legal obligation to act with care and that they failed to do so, causing the victim’s injuries. Keep in mind that negligence can be unintentional or intentional.
Defendant
Defendant refers to the individual or entity that is legally being sued or charged by a plaintiff in a personal injury case. It is believed that the defendant is legally responsible for the victim’s injuries.
Liability
In personal injury, liability is the legal responsibility of a person, entity, or local government to hold another person responsible for causing harm or damages.
Damages
Damages are the monetary compensation awarded by the court to the victim at the end of a personal injury case.
Here are three types of damages that can be recovered by a personal injury victim.
- Economic damages Non-economic damages Punitive damages
Settlement
A settlement is an agreement between the victim and defendant to end a personal injury case by paying compensation. Here, the victim agrees to get compensation in exchange for dropping the personal injury claim against the negligent party. The victim will sign a release form that declares that the victim won’t seek additional damages related to the accident.
Burden of Proof
In a personal injury case, it is the victim’s legal obligation to prove that their claim is true. It refers to the amount of evidence the victim should present to win a personal injury case.
Tort
A tort is an omission or act that causes injury or harm to another person. Here, the victim is eligible to sue for compensation or damages for what happened to them.
The following are the types of torts:
- Negligent torts Intentional torts Strict liability torts
Statute of Limitations
The statute of limitations is a law that sets the time limit within which a plaintiff should file a personal injury case. The statute of limitations varies depending on the type of case and the state.
If the victim fails to file a personal injury case within the statute of limitations, they lose their legal right to sue.
Litigation
Litigation is the process of taking legal action against a negligent party. This means taking a case to court for a judgment. Litigation is used to resolve a wide range of disputes.
Wrongful Death
It is a type of injury where the victim dies due to the negligent action of the at-fault party. It is also known as the civil action brought by the victim’s family members or dependents who lose their support due to the victim’s death.
For instance, if a car driver jumps a red light and strikes a pedestrian, causing the pedestrian to die, then the driver is responsible for wrongful death. The pedestrian’s surviving family members can file a wrongful death case against the driver.
Expert Witness
An expert witness is an individual who has specialized skills, knowledge, or experience in a specific field. They can offer their expertise in legal proceedings to assist the court in understanding technical issues. This means that an expert witness can provide an opinion or testimony on several aspects of the case.
Here are the types of expert witnesses:
- Medical expert witness
- Accident reconstruction experts
- Vocational experts
- Economic experts
- Life care experts
Contingency fee
A contingency fee is an arrangement where a lawyer doesn’t charge a fee for handling a personal injury case. The lawyer takes a percentage of the victim’s final settlement as fees.
Duty of care
The duty of care is the legal responsibility of every citizen to maintain the safety and well-being of others. Everyone has the duty to act in a reasonable way to prevent causing harm to others.
Final Thoughts
Hope this article has helped you understand some important personal injury terms. So it will be helpful for you when you work with a personal injury attorney.
