4 Injury Law Terms All Clients Should Understand
Any discussion with a personal injury attorney is bound to include the use of many legal terms. It's wise to understand the implications of the following four ideas a personal injury lawyer will discuss while talking with you.
Damages
The damages in an injury case cover all of the money that might be given to a claimant or plaintiff. Most of the damages in a typical case will cover medical costs, long-term care expenses, and lost wages and earning potential. You may also be able to recover damages for loss of consortium with a spouse and enjoyment of life. Similarly, pain, suffering, and emotional trauma are compensable under many circumstances.
Liability
American law distinguishes a party as the cause of an incident and them having legal responsibility. Someone is only liable if they have a duty to prevent what happened to the victim from occurring. For example, a random person passing by a building that's on fire doesn't have a duty to save anyone from the fire.
A duty is usually assumed when somebody takes specific actions. Motorists who start their cars take on a duty of care, and they may be found liable if someone is harmed by their reckless driving.
Some parties, typically licensed professionals, are also strictly liable for all harm their actions cause. For example, a pest control specialist is strictly liable if the chemicals they're using drift away from the house they're working on and burn a neighbor's lungs.
Statute of Limitations
The law limits how long people in most scenarios have to file claims. This typically runs between two and three years, although it's wise to ask a personal injury lawyer for the specific rules that apply in your state and to your case. Governments, for example, often apply shorter statutes to claims involving a government entity. Conversely, many types of toxic exposure cases may be subject to much longer statutes of limitations.
Notices, Claims, and Lawsuits
Most cases are handled as claims through insurance companies. When you formally send a demand package to the defendant and their insurer, this serves as legal notice of a claim and satisfies the statute of limitations. The insurance company will appoint a claims adjuster who will assess the validity of the case and make a settlement offer if your claim has merit. If the claim is rejected or the two sides can't reach a settlement, the claimant may file a lawsuit and ask a court to resolve the issue.
Contact a personal injury lawyer to learn more.
