Terms to Know for a Personal Injury Claim
If you or your loved one has been wrongfully injured, you may find yourself coming across a lot of unfamiliar words when filing a claim or a lawsuit. Legal documents are quite dense and contain complex terminology. If you are pursuing a personal injury claim, knowledge of key legal terms can prove to be invaluable. For your convenience, here’s the list of some of the most commonly used terms:
Plaintiff
Plaintiff is an individual or an entity that files a lawsuit when they have been injured or wronged.
Defendant
Defendant is an individual or an entity that is the negligent party and that is being sued. In a single lawsuit, there can be multiple defendants.
Personal Injury
Personal injury in legal terms means physical injuries or mental injuries caused by another party’s negligence which allow you to file a personal injury claim or lawsuit against the at-fault party in order to recover compensation for the negative financial consequences of their actions.
Damages
Damages in legal terms refers to the amount of compensation awarded that is equal to the loss suffered by an injured or wronged party. There are two main types of personal injury compensation damages: 1) compensatory damages, also referred to as actual damages, which typically include medical bills, hospital bills, rehabilitation expenses, pain and suffering as well as lost wages, and 2) punitive damages which are awarded to punish the at-fault party.
Statute of Limitations
Statute of Limitations is the amount of time permitted by law from the date of the accident or incident that the plaintiff has to either settle the claim or file a lawsuit in the appropriate court. These vary from one state to another.
Liability
Liability is one of the most significant words in the field of law. It means legal responsibility for one’s acts or omissions. It arises when someone breaches the duty they are legally obligated to perform. In the area of personal injury law, it involves the payment of monetary damages. In short, liability pays for the bodily injuries and damaged property of those that have been harmed in an at-fault accident.
Torts and Intentional Torts
A tort is a wrongful act that causes a plaintiff to experience harm or loss, leading to liability for the person that commits such an act. A tort does not arise from a contract and it is not a crime. Intentional tort, as the name suggests, is committed on purpose. Many intentional torts like assault and battery fall into the crime category.
Negligence
Negligence is simply the failure to act with responsible care. In a personal injury case, an individual is considered negligent if their carelessness caused damage or harm to someone.
No-Fault
Some states have adopted no-fault laws. Under this legal theory, every vehicle owner is required to carry a minimum amount of personal injury protection insurance. In case of damages caused by a car accident, the injured party can skip filing a claim and collect the damages from their insurance company instead. For example, Washington, D.C. is a no-fault district, meaning that each person’s own insurance company covers their own. damages, regardless of fault. Personal injury protection is bought by each party and covers his or her own damages for medical expenses and lost wages. On the other hand, Virginia and Maryland are not “no-fault states” for auto accidents, which means that the party deemed ‘at-fault’ for a car crash is legally liable for the resulting damages. In most cases, the at-fault party will be a driver
Burden of Proof
Burden of Proof is the legal responsibility of an individual or entity to prove that their claim is true, accurate, and factual. In personal injury lawsuits, the burden of proof generally lies with the plaintiff to prove that the defendant was negligent.
Strict Liability
Strict liability is a legal concept where the fault does not depend on the actual intent to harm or negligence. The most common strict liability cases are a result of injuries caused by dangerous/defective products, dangerous pets, and ultra-hazardous activities. For instance, if an auto manufacturer manufactures a car with faulty brakes and that results in an accident, the car manufacturer can be held responsible for the accident because of strict liability.
Hilton & Somer, LLC: Personal Injury Attorneys located in Fairfax and licensed to practice in Virginia, Maryland and in the District of Columbia
These are some of the most common terms used by courts, insurance companies, and legal professionals during personal injury cases. If you have any questions about these terms or you wish to move forward with your personal injury case, contact Hilton & Somer, LLC. We will educate you about your lawsuit and provide guidance. Get in touch with us via our online form or call at (703) 560-0700 to schedule a free consultation.
