Understanding Personal Injury Cases: Ten Common Terms to Help

Federal and state laws in all fifty states in the US allow personal injury victims to seek compensation for damages. They can file a lawsuit to get justice for the losses and inconveniences someone else’s negligence has caused them.

However, for your claim to be successful, you need a good understanding of the key concepts used in such cases. Here, we have compiled ten valuable terms that can help you better understand your personal injury case.

1. Intentional Tort

This term refers to the situation where the defendant deliberately acts or refuses to act, and their decision harmed the victim. Intentional torts include negligence and strict liability torts, meaning different things, which we will explain later.

2. Negligence Liability Torts

In negligence liability torts, the defense is liable for harm suffered by the victim, whether or not their actions were deliberate. In this case, the defendant was obliged to exercise a certain level of care with the plaintiff but failed. In other words, the defendant was careless, and their negligence injured the victim or their property.

3. Strict Liability Torts

In strict liability torts, the accused is liable even though they did not intend to harm the victim nor were negligent. In this claim, the plaintiff accuses the defendant of being responsible for their injury. Under this doctrine, the defendant’s intent does not matter; deliberate or negligent, they will be held accountable for the results.

4. Workers’ Compensation

This term explains the compensation made available to workers who suffer a sickness or injury related to their jobs. The compensation provides a disability insurance program for workers, allocating affected employers with cash or healthcare benefits.

5. Damages

“Damages” refers to the plaintiff’s award if their personal injury case reaches the verdict stage. The damages could be compensatory, given to compensate for the victim’s losses, or punitive, given to punish the defendant.

6. Comparative Negligence

In some personal injury cases, the plaintiff is partly responsible for their injury in a personal injury incident. In this case, the legal comparative negligence doctrine applies, where the percentage of fault reduces the compensation awarded to the plaintiff.

7. Proximate Cause

Legal Dictionary defines the concept of proximate cause as premised on the idea that not every injury-causing entity is legally liable. “Proximate cause” means the act (deliberate or negligent) is the nearest reason behind the victim’s injuries.

8. Accidental Injuries

An accidental injury is a form of unintentional bodily harm caused by external forces and goes against the normal course of events. It can result from human error, negligence, or natural disasters such as floods, lightning strikes, and hurricanes.

9. Assumption of Risk

This concept limits the plaintiff’s ability to seek compensation, thus safeguarding some defendants from personal injury lawsuits. More so, it is premised on the idea that some activities, like playing sports, are inherently injury-prone.

10.  Settlement

Settlement in personal injury cases occurs when the parties agree to settle their dispute amicably outside the court. Usually, it happens when the defendant offers the plaintiff money, which the plaintiff must accept for the settlement to be final.

Also Read: Delayed Injury Symptoms After a Car Accident?

Conclusion

Even if you have a personal injury lawyer for your case, you still need to understand the legal terms used. Then, you can be aware of what is going on in your case, make informed decisions, and not leave everything to your lawyer. According to aAttorney Jan Dils of Jan Dils Attorneys at Law, “It is best to get acquainted with some of the terms associated with personal injury cases as that will help you effectively follow through your case.”