Glossary of Key Terms to Know About Personal Injury Law
May 07, 2023
The legal system surrounding personal injury claims can often be complex and difficult to navigate for those unfamiliar with the field. To help make the process of understanding personal injury law smoother, here is a comprehensive glossary of key terms for those interested in learning more about this area of law.
- Negligence: This is a concept used in personal injury law which essentially states that harm caused by another party was due to that party’s carelessness or inattention. Negligence is an important concept in injury law because it is used to determine liability in determining who is responsible for the harm.
- Liability: Liability is the legal responsibility of a party for an injury or harm caused to another. In a personal injury case, the liable party is typically the one who caused the harm due to their negligence.
- Damages: Damages are a form of monetary compensation awarded to a plaintiff in a personal injury lawsuit. Damages can cover medical expenses, lost wages, pain and suffering, and other losses the plaintiff has incurred due to the injury.
- Statute of Limitations: A statute of limitations is a law that sets a time limit for a plaintiff to file a personal injury lawsuit. The timeline for a statute of limitations varies from state to state, and if the plaintiff does not file a lawsuit within the allotted time, they are prevented from seeking damages.
- Comparative Negligence: This is a concept used to apportion fault in a personal injury case. Comparative negligence assigns a percentage of responsibility to each party involved in a personal injury case, and the amount of damages awarded will be adjusted accordingly depending on the percentages assigned.
- Settlement: This is a process in which the parties involved in a personal injury case come to an agreement outside of court regarding the compensation the plaintiff will receive for their injuries. A settlement agreement is typically reached through negotiations between the parties and their attorneys.
- Discovery: The discovery phase of a personal injury case is when both parties discover information they may need to prove their case. This includes gathering documents, questioning witnesses, and gathering evidence.
- Tort: A tort is an act that causes harm to another and can serve as a basis for a personal injury lawsuit.
- Mediation: Mediation is a form of alternative dispute resolution in which the parties involved in a personal injury case come together to attempt to reach an agreement without going to court. The mediator, or neutral third party, will help facilitate negotiations between the parties and their lawyers.
These are just a few of the key terms associated with personal injury law. Understanding these concepts can be important to ensure a successful outcome in a personal injury lawsuit. It is important to consult a qualified attorney to ensure that your rights are protected and that you receive a fair and just outcome in your case.