You will come across some legal terms when pursuing a personal injury lawsuit and settling with the terms can be challenging and tricky, especially if it’s your first time filing a case. Although your personal injury attorney will help you understand the basic process, having a basic knowledge of these terms will help you understand your claim better, and you can clearly discuss your case with your attorney.
It would be best to start acquainting yourself with the personal injury legal term to prepare for your upcoming personal injury case. It is best to get familiar with the terms and phrases you’re likely to hear your attorney use or hear in the courtroom.
Personal Injury Terms You Should Know
Here are some personal injury terms you might come across in your case.
Damages refer to the type of injuries you have sustained or the money awarded by the court to the victim after a personal injury case proceeding. Generally, there are two forms of damages, economic damages, which refer to quantifiable losses such as wage loss, medical expenses, auto repair bills, and so on, and non-economic damages, which are intangible losses such as pain, humiliation, and suffering.
A defendant is an individual sued in a personal injury case or the party against whom the claim has been filed. The defendant is believed to be legally accountable or allegedly responsible for the victim’s injuries.
This term means responsible or answerable. Hence, it refers to a party’s legal responsibility or accountability arising from their actions. Someone may be held liable due to their actions, inactions, or the actions of people or animals for which they are legally responsible.
Negligence refers to a party’s failure to meet the required standard of level of care by law to protect others from harm.
5. Personal injury claim
A claim is the first step in a personal injury case; if you were injured physically or in other forms, you may file a personal injury claim. It is a civil action concerning the mental or physical harm endured by the victim because of the defendant’s negligence.
A plaintiff is also called a complainant; in civil law, the plaintiff refers to the individual or party who brings the legal action or files the case in court.
Settlement is a means by which a personal injury claim can be resolved. The parties involved reached an agreement on the monetary compensation. The plaintiff agrees to receive money in return for dropping the claim against the defendant.
8. Statute of limitations
There is usually a permissible period or time frame within which the plaintiff can file a suit against the defendant. Time limitations govern the filing of all civil actions. These statutes depend on the nature of the personal injury case and the plaintiff’s age.
A tort is an act or omission that causes harm or injury to another. It amounts to a civil wrong for which the court imposes a liability.
10. Force majeure
Force majeure means superior strength. In personal injury cases, this concept refers to an event or effect that can be controlled or expected. Usually defendants often use the principle of force majeure to argue; for example, extreme weather is a common defense used in car accident cases.