10 Personal Injury Terms You Need To Know
Sometimes, understanding some of the words or phrases personal injury attorneys use can be challenging, especially for someone with no law background. But, as much as clients can leave the technical parts of personal injury cases, including legal jargon, to personal injury attorneys, there are some terms and phrases personal injury victims should acquaint themselves with. Even though all personal injury cases are different, there are some commonalities that these types of cases share, and knowledge of some commonly used personal injury terms and phrases can help you help your case. After understating some of the commonly used personal injury legal terms and phrases, you will have a better foundation for understanding what you are up against and what you need to do to ensure your personal injury case succeeds.
The following are simple explanations of ten of the most common personal injury terms and phrases.
Liability
In personal injury cases, liability is the legal obligation of an individual to pay damages that have been awarded or agreed to.
Damages
Monetary payment recovered in a personal injury case for an injury or loss caused by another party’s negligence. In Florida, personal injury victims can recover three types of damages:
- Economic damages
- Non-economic damages
- Punitive damages
Statute of Limitations
The law that sets the maximum amount of time you have to file a personal injury claim. Usually, the statute of limitations starts ticking immediately after an injury or damage occurs.
Burden of proof
The obligation to prove that one’s claim is true and accurate. In personal injury cases, plaintiffs have the burden of proof, and a plaintiff is required to prove liability on the defendant’s part by a preponderance of the evidence.
Comparative Negligence
This involves comparing a plaintiff’s contribution to their accident to the defendant’s contribution to the accident. Under Florida’s comparative fault law, a plaintiff can obtain compensation regardless of their percentage of fault, but the damages a plaintiff recovers are usually reduced by their percentage of fault.
Gross Negligence
Under Florida law, “gross negligence” means a defendant’s conduct was extremely reckless that it constituted a conscious disregard to the safety, life, or rights of the people exposed to such conduct.
Duty of Care
In negligence cases, “duty of care” refers to the obligation to act towards others with the attention, watchfulness, and prudence that a reasonable person in the same situation would use.
Litigation
The process of taking legal action against a defendant and/or filing a personal injury lawsuit.
Out-of-Court Settlement
An agreement reached between a plaintiff and defendant or defendant’s insurance company that does not require the approval of a judge or court.
Expert Witness
An individual who testifies in a personal injury case because of their skills or special knowledge in a particular field that is relevant to the personal injury case.
An Orlando Personal Injury Attorney Can Help
Hopefully, this quick glossary helps you understand some of the most common personal injury terms and phrases when working with a personal injury attorney. If you would like to discuss your personal injury case, feel free to contact one of our Orlando personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the West Palm Beach, Ocala, Tampa, Jacksonville, Fort Myers, Fort Lauderdale, Miami, Bradenton, and Daytona Beach areas.
Resource:
law.cornell.edu/wex/preponderance_of_the_evidence#:~:text=Preponderance%20of%20the%20evidence%20is,that%20the%20claim%20is%20true