Familiarizing Yourself with Important Terms Associated with Personal Injury Cases

Federal and state laws in all fifty states in the United States protect against personal injury incidents. Also, the laws allow victims to recover compensation for damages and obtain justice even from big corporations. Thanks to the provisions of the law, victims can file a legal claim against businesses that prefer cutting costs to protecting lives.

If you are filing a personal injury case or intend to file one, you must acquaint yourself with the subject. One of the ways to do this is to familiarize yourself with the terms and key concepts used. Below are some important terms used in personal injury cases and what they mean.

• Strict Liability Claim

A plaintiff makes a strict liability claim to accuse the defendant of absolute responsibility for the accident that got them injured. Under this law, the defendant’s intent does not matter; whether deliberate or negligent, the law holds them responsible.

• Negligence

“Negligence” is one of the most commonly used terms in personal injury cases. Negligence describes the instance where the defendant has acted in a careless manner such that they hurt the plaintiff. To get adequate compensation, the plaintiff must establish that the defendant was negligent and that their negligent action directly caused their injury.

• Comparative Negligence

Comparative negligence is a doctrine used in courts in some states to determine whether a plaintiff will receive compensation or not. The doctrine of comparative negligence provides that a plaintiff may recover compensation if they share liability for the accident.

However, the court would deduct their percentage or ratio of fault from the total compensation amount they would have received. For example, if the court deems a plaintiff 30 percent liable for an accident, they can only receive 70 percent of their allocated compensation.

• Damages

Damages refer to the monetary award a plaintiff wins if their personal injury case goes to the verdict stage. There are two major types of damages: compensatory and punitive damages. Courts award punitive damages if a defendant’s acts are determined to be grossly negligent.

• Settlement

Settlement comes into play when a plaintiff and defendant have negotiated and agreed not to go to court. The agreement happens when the defendant makes the plaintiff an offer of a certain amount of money, and the plaintiff accepts it. Most personal injury cases do not get to the trial stage as plaintiffs and defendants settle.

• Workers’ Compensation

The law awards workers’ compensation to workers who suffer a sickness or injury while on the job. This compensation serves as a “disability insurance program,” where affected employees receive healthcare benefits, cash benefits, or both.

• Proximate Cause

The proximate cause doctrine is based on the idea that not everyone or everything responsible for an injury is legally liable. To determine that an act was a proximate cause is to determine that the act was the nearest reason for the victim’s injuries. This remains so whether or not the act was done deliberately or out of negligence.

• Intentional Torts

Intentional torts in personal injury cases refer to a situation where the defendant deliberately acted or failed to act. Furthermore, their decision resulted in the injury or loss the victim suffered.

Conclusion

“When you are in an ongoing personal injury case or about to file a claim, it helps to know the legal jargon,” says attorney Michael McCready of McCreadyLaw Injury Attorneys. These eight terms will get you started, although there are still many more that you will want to research to feel more informed.