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Personal Injury Legal Terms

Personal Injury Legal Terms
April 17, 2024 / By medadmin

Personal Injury Legal Terms

Personal Injury Legal Terms

If you experience a personal injury, that in and of itself is stressful. On top of that you have your legal case, which can be filled with a new vocabulary that you are not familiar with. That is why a car accident lawyer has provided some common terms you should become familiar with for your case.

Negligence: Negligence is the failure to exercise reasonable care, resulting in harm to another person. According to The Law Offices Of Andrew Lynch, proving negligence in personal injury cases involves showing that the defendant breached a duty of care, causing the plaintiff’s injuries.

Damages: Damages are monetary compensation awarded to plaintiffs in personal injury cases to cover losses such as medical expenses, lost wages, and pain and suffering. Damages can include things such as vehicle repairs in a car accident or medical bills from treatments sought after the accident.

Liability: Liability refers to legal responsibility for causing harm or injury to another person. It involves determining if the defendant’s actions or negligence caused the plaintiff’s injuries.

Comparative Negligence: Comparative negligence allocates fault and determines compensation based on the degree of fault of each party involved in the accident or injury.

Statute Of Limitations: The statute of limitations is the legal time limit for filing a lawsuit. In personal injury cases, it varies by state and typically starts from the date of the injury or discovery of the injury.

Preponderance Of Evidence: This is the standard of proof in civil cases, requiring the plaintiff to show their version of events is more likely true than not true, based on evidence presented.

Settlement: A settlement is an agreement between parties to resolve a personal injury case without going to trial. It involves the defendant paying compensation to the plaintiff in exchange for releasing further liability.

Contingency Fee: Personal injury attorneys commonly work on a contingency fee basis, where their fees are contingent on winning the case or securing a settlement. The fee is typically a percentage of the compensation awarded to the plaintiff.

Burden of Proof: The burden of proof is the obligation on the plaintiff to prove their claims by presenting sufficient evidence. In personal injury cases, it’s typically a preponderance of the evidence.

Deposition: A deposition is a formal legal proceeding where witnesses or parties provide sworn testimony under oath. It’s conducted outside of court and recorded by a court reporter for potential use as evidence in court.

Duty Of Care: Legal obligation to act with reasonable care to avoid harming others, often established by showing that the defendant owed a duty of care to the plaintiff.

Gross Negligence: Reckless disregard for safety, exceeding ordinary negligence, which may result in more severe consequences or punitive damages.

Intentional Tort: Deliberate action causing harm, such as assault, battery, or intentional infliction of emotional distress.

Wrongful Death: Legal claim by surviving family members seeking compensation for a deceased person’s death, including funeral expenses, loss of financial support, and emotional suffering.

By understanding these terms, you will feel a little less stressed about your case and more informed overall on the legal proceedings. If you have been injured, contact a lawyer near you for help.