Personal injury law involves terms that can be complex due to their legal context. Here are some common terms simplified into everyday language:
- Damages: Damages refer to the compensation or money awarded to a person who has been injured or harmed due to someone else’s negligence or intentional actions. It’s meant to compensate for medical expenses, lost wages, pain and suffering, and other losses caused by the injury.
- Negligence: Negligence is when someone fails to act with the level of care that a reasonable person would in similar circumstances. In personal injury cases, negligence is often the basis for holding someone legally responsible for causing harm to another person.
- Statute of Limitations: The statute of limitations is the time limit within which a person must file a lawsuit after being injured. Missing this deadline can prevent someone from seeking legal recourse.
- Liability: Liability refers to legal responsibility for causing an injury or harm. In personal injury cases, liability often involves proving that someone’s negligent or intentional actions led to the injury.
- Compensation: Compensation, also referred to as damages, is the money awarded to a person who has been injured to cover losses such as medical bills, lost wages, property damage, and pain and suffering.
- Preponderance of Evidence: This is the standard of proof required in civil cases, including personal injury cases. It means that the evidence presented must show that it is more likely than not (i.e., greater than 50%) that the defendant’s actions caused the plaintiff’s injuries.
- Pain and Suffering: Pain and suffering refers to physical and emotional distress caused by an injury. It’s a type of compensatory damages meant to compensate for the non-economic impact of the injury, such as pain, anxiety, and loss of enjoyment of life.
- Settlement: A settlement is an agreement between parties to resolve a legal dispute without going to trial. In personal injury cases, it typically involves the injured person accepting a monetary amount from the at-fault party or their insurance company in exchange for dropping the lawsuit.
- Contingency Fee: A contingency fee is a fee arrangement where a lawyer only receives payment if they win the case. The fee is usually a percentage of the settlement or court award. If the lawyer doesn’t win, they don’t receive a fee, but the client may still be responsible for other legal expenses.
- Lost Wages: Lost wages refer to income that a person would have earned if they had not been injured and unable to work. In personal injury cases, compensation for lost wages may be sought as part of the damages awarded.
Understanding these terms can help individuals navigate personal injury cases more effectively and communicate with their legal counsel. If you have specific questions about personal injury terms or need further explanation, feel free to ask!