If your lawyer sounds sophisticated when he talks, it might have something to do with their terms. It can be challenging to understand, especially if you don’t have a background in law. If you want to be safe in the event of a personal injury case, you need to understand the most commonly used terms.
Technically, understanding these terms and phrases makes you aware of your rights and enables you to comfortably communicate with your lawyer. Read on for a detailed insight into some of the terms and phrases you need to know before you file a personal injury lawsuit.
Let’s dive in!
1. Damages
As you might have guessed, damages are as the name suggests. They are monetary payments made during or after a personal injury case. They are specially designed to cover for loss or birth injury caused by the at-fault party as a result of their negligence.
There are several types of damages and compensation in a personal injury case:
- Non-economic damages
- Economic damages
- Punitive damages
2. Liability
Liability is a term that is also used in a medical malpractice case. It is the legal equivalent of obligation or responsibility. Technically, a driver bears the responsibility to always be aware and safe on the road and take the required precautions. If they cause an accident, they bear a legal responsibility to pay for damages caused to the other party.
3. Statute of Limitations
The maximum amount of time you have before you can file a personal injury claim is known as the statute of limitations. This period starts immediately after damage or injury occurs. Typically, the law applies to both criminal and civil cases.
It can also apply in cases such as consumer debt. This can happen when the statute of limitations has passed and debt becomes time-barred. Apart from that, the IRS also has a statute of limitations. There is a time frame within which it is required to address court issues related to your taxes.
4. Litigation
This is yet another commonly used term in law. It is what happens when you decide to take your case to court. The first thing you need to do after encountering an accident is to file a claim against the insurance company of the at-fault party. After doing so, you may be required to take the case to trial.
Although the majority of personal injury claims are settled without going to trial, there are cases where litigation is necessary.
5. Out-Of-Court Settlement
This term is used when parties involved in a personal injury claim decide to settle their case away from court and without the intervention of the judge. Some of the modes that can determine an out-of-court settlement include
- Negotiation
- Neutral evaluation
- Mediation
- Conciliation
- Arbitration
Typically, according to the law, a verbal contract is binding, and a settlement agreement between the defendant and the victim can be enough. Regardless, the contract should contain, the names of the parties, a promise to pay, a “whereas” section, a payment schedule, and a clause of “no admission of liability.
6. Burden of Proof
This term is used when an individual must prove that the requested claim is accurate and true. They are required to provide enough evidence when litigating their case to prove to the judge that they deserve the settlement. The judge can either rule in their favor or deny them the claim.
Final Thoughts
Accidents can happen at any time. This makes it necessary to understand some of the most commonly used terms to help you deal with your case accordingly. Ensure you take the above terms and phrases into consideration to help you understand your lawyer and solve your case in court.
