4 Common Terms Used in Personal Injury Cases
We are a personal injury firm that will always fight for our clients. On top of that, we do our best to keep you up to date with the process of your case from the first consultation until the final court hearing. As you may know, there are a lot of terms that are used in typical law situations that are sometimes complicated to understand. To help clear things up, here are 4 common terms that are used in personal injury cases and what they mean:
1. Personal Injury
To begin to comprehend what personal injury cases are, it’s important to know what the term “personal injury” means. While this umbrella term has a lot that goes into it, the simple way to think about it is the process leading up to the case. Whenever someone is physically or emotionally injured, that is considered personal injury. The laws provide a way for the injured party to receive compensation for the negligence of the party at fault. You may also hear the term tort law, which is the same as saying personal injury law.
2. Plaintiff and Defendant
If you are familiar with court cases, you know that there are two parties involved, the plaintiff and the defendant. When it comes to personal injury cases, the plaintiff is the one that is injured in some way, while the defendant is the one who is being accused of wrongdoing. For example, let’s say your neighbor throws a brick through your window and you are suing for the property damage done to your house. You would be the plaintiff and your neighbor would be the defendant in the case. It is the plaintiff’s job to prove that the defendant actually committed the crime or wrongdoing they are being accused of.
3. Strict Liability
In some cases, you may hear the term strict liability come up. This means that there is a responsibility whether negligence was involved or not. This usually applies in situations that are in themselves abnormally or inherently dangerous. Another time you will hear this term used is with faulty products. Let’s say you purchase a new lawn mower that has a faulty part that causes it to explode, causing injuries to yourself. Under the statute of strict liability, you would not have to prove that the manufacturer of the lawn mower intended for it to blow up. You would just have to show that there was nothing you did that caused the product to malfunction and prove that you sustained injuries during the accident.
Damages is a term used to describe whatever is owed to the plaintiff to compensate for their losses or injuries. These damages may either be agreed upon by the injured party and those responsible, or it may be required that a judge award the damages in court. In some cases, the damages offered to you by the responsible party may not be enough, especially if your injuries resulted in a loss of wages or emotional damage. That is where a personal injury lawyer can help you fight for the compensation you are entitled to.
Have you been injured and would like to know if your accident falls under the category of personal injury cases? Contact our law office today and we will set you up with a free consultation.