If you have undergone a legal process before, you might understand the complexities associated with these processes. Apart from confusing procedures, most people don't know what most legal terms mean. Even though personal injury cases are slightly different, some legal terms are common to all cases, be it an auto accident or slip and fall accident. Below are a few common legal terms you will find in personal injury cases.
General Lawsuit Terms
Some of the basic legal terms used in a personal injury lawsuit include:
· Plaintiff – This is the person who files the lawsuit. If you suffered damages from another person's negligence, you would become the plaintiff in the case
· Complaint – The plaintiff files an injury complaint or a lawsuit in court. It is a formal expression of injuries or harm resulting from the accident
· Defendant – Is the party accused to be liable for damages suffered by the plaintiff
· Answer – These are formal answers filed by the defendant in response to the complaint. They intend to inform the court and plaintiff about the defendant's position about the allegations
Terms that Describe the Nature and Validity of Personal Injury Cases
Statute of Limitations
This describes the time set by law, within which the plaintiffs have to file a suit for damages. The statute of limitations differs by state and depending on the nature or circumstance of the case. However, they generally range between one to ten years. Personal injury cases, which occur due to negligence, have two to three-year statutes of limitations. However, there are notable exceptions for malpractice suits.
Damages
These include all injuries or harm suffered by the plaintiff. In personal injury cases, damages equal the amount of money sought by the plaintiff as compensation. Damages can be non-economic or economic. Economic damages include the cost of medical expenses, replacement costs, vehicle repair costs, and loss of wages.
On the other hand, non-economic wages cannot be quantified. They include pain and suffering associated with the accident.
Negligence
Negligence describes wrongful acts that arise due to carelessness or unreasonable actions that cause damage or injury to another person or property. For an act to be determined as negligence, the plaintiff should prove the following;
· The defendant had a rightful duty to the plaintiff
· The defendant breached the duty
· The breach led to harm or injury
· The actual damage exists and can be proven
Burden of Proof
The plaintiff has an obligation to prove that the allegations raised are true. The thresholds of proof vary depending on the case in litigation. For instance, in personal injury cases, the plaintiff should prove that the accused is liable for the damages suffered.
Endnote
These are just a few terms associated with personal injury and medical malpractice cases. Understanding the whole glossary can only lead to confusion, especially if you haven't undergone a legal process before. Fortunately, if you have a pending personal injury case, you can avoid this hassle by hiring a personal injury lawyer. Adam S. Kutner Accident & Injury Attorneys provide litigation for all types of personal injury cases.
