Personal injury cases occur quite often when one party is injured due to the callousness of another. A personal injury case is resolved in a civil court. These cases are usually filed by an individual against another or an organization.
The individual hires a personal injury lawyer who represents him in the case and claims compensation from the party responsible for the injury.
Here are some legal terms used concerning personal injury lawsuits that you must know:
It is the section of the law that is concerned with physical, financial, and emotional injuries caused by an individual/institution due to negligence in taking reasonable care. Personal injury cases are considered civil torts.
He is the individual filing a lawsuit against someone for having suffered a personal injury.
The entity against whom the personal injury lawsuit is filed. The defendant may be an individual or an organization.
It is a court action brought about by a plaintiff against a defendant to claim compensation for the injury caused or punishment for an irresponsible act.
Litigation is taking legal action or filing a lawsuit.
Tort is a private wrong or injury committed against another individual or property leading to legal liability. Personal injury cases that are caused due to the negligence of another come under the category of tort.
Statute of Limitations:
This refers to the time allowed by the law for the plaintiff to file a personal injury lawsuit from the time the injury has occurred.
An expert witness is an individual who is called to testify in a personal injury case because of his expertise in a specific field.
The US Constitution awards certain rights to all its citizens. If someone finds that his/her civil rights are violated, he/she can file a personal injury lawsuit. These lawsuits may be filed against an individual/ a private company/ a government organization whosoever is responsible for such violation.
The Preponderance of Evidence:
It refers to the amount of evidence a plaintiff requires to win a personal injury or any type of civil case. A preponderance of evidence implies that the proof presented by the plaintiff must be more convincing than that provided by the defendant.
It is a civil action taken by the plaintiff or on behalf of the injured person against the defendant for the physical or mental injury suffered.
It is something given to the injured party to make up for the loss suffered. For instance, in a worker’s compensation case, compensation is usually monetary.
This refers to the payment made to the plaintiff in a personal injury lawsuit. The defendant needs to give monetary compensation to the injured. Sometimes the defendant in the case may need to make a punitive payment which also qualifies as “damages.”
It is the decision of the judge or the jury in the case.
These are some of the legal terms that are used in personal injury cases that will help us understand the proceedings in such cases better.
Autrey Law Firm has the best personal injury lawyers who can represent you in such lawsuits!