If you’ve suffered a serious injury, you may find yourself facing various challenges. A personal injury attorney may be able to help you pursue the compensation you need to pay for your medical bills and support yourself while you recover.
However, the world of personal injury law is full of unfamiliar terms and concepts. While your attorney will be able to answer any questions you have, familiarizing yourself with some of the most common terms in personal injury law may make your experience significantly easier.
Here are some of the main terms you should know.
Bad Faith Claim
This is an allegation that your insurance company acted in bad faith by failing to uphold its contractual obligation to you. For example, if you have collision coverage but your insurer is refusing to pay to repair or replace your vehicle for unacceptable reasons, an attorney may be able to help you bring a bad faith claim.
Contingency Agreement
This is a contract between a personal injury lawyer and a client stating that the client pays nothing unless the lawyer secures compensation for them. Most contingency fee agreements require you to pay your attorney a certain percentage of the compensation you receive.
Damages
In the legal realm, monetary compensation for your losses is usually referred to as “damages.”
Two of the most common kinds of damages received in personal injury cases include:
- Special Damages: Also known as economic damages, this is payment for quantifiable losses like medical bills and lost income
- General Damages: Sometimes referred to as non-economic damages, this is payment for non-quantifiable losses like loss quality of life or pain and suffering
If a personal injury lawyer takes your case, they can evaluate its value and determine what kind of damages you might be able to recover.
Defendant
In criminal law, the defendant is the person accused of committing a crime. But, in civil law and personal injury lawsuits, the defendant is the person being sued.
Deposition
A deposition is a formal legal proceeding in which a witness is asked questions while under oath. This is usually part of the discovery process in a personal injury case. For example, if your attorney wants to include a medical expert’s opinion about your injuries as part of your case, they may decide to depose a healthcare specialist.
Duty of Care
A duty of care is an obligation to act with reasonable caution and attention. As such, this term is usually brought up when determining whether a particular party was negligent. For example, all drivers have a duty of care to obey traffic laws, focus on the road, and not drive while inebriated.
Judgment
This is the final decision a court makes in a lawsuit, determining damages and each party’s rights and obligations. For example, if your case goes to trial and the court rules in your favor, the judge may determine that you have the right to a certain amount of compensation and that the defendant has an obligation to pay it.
Liability
In the context of civil law, liability is the legal obligation to pay damages or follow other court orders. For example, if you are hurt by a drunk driver, that driver will likely be liable for your injuries, meaning they will be obligated to pay for your medical care. However, this term is also colloquially used to discuss someone’s responsibility for the incident.
Malpractice
Malpractice happens when a professional — like a doctor, dentist, or lawyer — acts negligently, causing harm to their client. Typically, someone is determined to be negligent if they did not do what a reasonable, prudent professional would have done in the same situation.
For example, suppose that your doctor prescribes you a drug that can cause dangerous side effects when taken alongside another medication you’re already on. A reasonable doctor would have reviewed your current medications for potential drug interactions before prescribing something new, so if you end up in the hospital due to a dangerous drug interaction, you may have a viable malpractice case against your provider.
Negligence
This is one of the most important terms in the world of personal injury law, and it essentially refers to acting carelessly.
Negligence is a vital element to prove in order to win a personal injury case, and there are four elements of negligence your legal team must show:
- The defendant had a duty of care to you
- They violated that duty
- Their violation of their duty caused your injuries
- As a result of your injuries, you sustained actual losses
This definition is similar across the country, and typically, all four parts must be proven in order for your case to succeed.
Plaintiff
In a civil case, this is the person who brings a lawsuit against the defendant. The plaintiff is usually the injured person, but in a wrongful death lawsuit, it is usually a surviving family member of the deceased or their estate.
Premises Liability
This is a legal concept that states that the owner or occupant of a property is liable for preventable injuries that visitors suffer due to unsafe conditions. If the owner or tenant fails in their duty to maintain a safe environment and someone is injured as a result, the victim may be able to file a premises liability lawsuit. Slip and fall cases are a popular example of premises liability cases.
Product Liability
Under product liability laws, manufacturers, distributors, suppliers, and retailers may be held accountable for injuries caused by unsafe products.
Proximate Cause
This is a concept that describes an event so closely related to an injury that it can legally be considered the cause of that injury. For example, if a driver drives through a crosswalk and hits you, their negligence will likely be found to be the proximate cause of your injuries.
Settlement
A settlement is an agreement between both sides of a civil case. In a settlement, the at-fault party typically pays a certain monetary amount to the plaintiff. As a result, the case does not have to be decided by a civil trial.
Statute of Limitations
This is the length of time you have to pursue legal action after a particular event. The statute of limitations is defined by law, and if you miss the deadline, you typically lose the right to take legal action.
Verdict
This is the final ruling on a personal injury case made in civil court. It’s also sometimes used to refer to the amount of money the defendant is ordered to pay the plaintiff.
Have You Been Injured? A Personal Injury Lawyer Can Help
At Hawk Law Group, we’ve been advocating for injured clients for more than 70 years. We’ve recovered hundreds of millions of dollars for our clients, and we may be able to help you, too.
Your first consultation is free, and you pay nothing unless we recover compensation for you. Contact us today at (706) 722-3500 to set up a consultation — we’re available 24/7!
