When it comes to a personal injury claim, there are key terms that everyone needs to be aware of so they can navigate their case with confidence. This blog post will provide an overview of those terms and shed light on what each one means for anyone currently dealing with a personal injury claim.
Moreover, you can always consult with a personal injury lawyer in Phoenix to develop a better understanding. Take a look at some of the basic personal injury terms everyone should know:
Affidavit: This is a written sworn statement signed by an individual who has first-hand knowledge of the facts contained in the statement.
Arbitration: This is a type of alternative dispute resolution in which two parties agree to have their dispute heard and resolved by an arbitrator instead of going to court.
Attorney-Client Privilege: This is a legal principle that protects communications between an attorney and their client from being used against the client in court.
Claim: A claim is a demand for money or other compensation that is made following an injury or other loss.
Complaint: A complaint is the first pleading filed by a plaintiff in a civil lawsuit that sets forth the facts upon which the claim is based.
Contingency Fee: An arrangement between an attorney and their client in which the attorney agrees to represent the client without charging any upfront fees, but instead takes a percentage of any settlement or verdict obtained on behalf of the client.
Defendant: In civil lawsuits, the defendant is the party against whom the claim has been brought forth by the plaintiff.
Deposition: A deposition is an out-of-court oral testimony given under oath by witnesses that can be used as evidence at trial.
Discovery: The discovery process refers to all pre-trial procedures in which both sides exchange information and evidence that will be used at trial.
Docket: A docket is a log or record of all the cases and proceedings in a court. This includes the names of the parties involved, the date of filing, and any updates or developments in the case. The docket is important for managing and tracking cases in the court system. In personal injury cases, the docket can be used to monitor the progress of the case, including important dates such as deadlines for filing motions or discovery requests.
Damages: In personal injury law, damages refer to the compensation awarded to the injured party for losses incurred as a result of the injury.
Elopement: When an individual leaves a medical facility without permission or supervision, usually due to dementia or confusion.
Evidence: Any form of proof that can be used in court to strengthen a case for or against an individual in a personal injury claim.
Expert Witness: Someone who has specialized knowledge about a particular topic related to the case at hand.
Fall Risk Assessment: A fall risk assessment is done by medical professionals to determine whether or not an individual is at risk of falling while under their care.
Force Majeure: It is a clause that refers to unforeseeable circumstances outside of one’s control that prevent one from fulfilling their contractual obligations.
Interrogatory: An interrogatory is a set of written questions that one party sends to the other party to gain information relevant to the case. These questions are typically used in the discovery phase of a lawsuit and can cover a wide range of topics related to the incident in question, such as details about the events leading up to the injury, any medical treatment received, and any witnesses or evidence that may be relevant.
Medical Malpractice: Physical harm caused by negligence or irresponsible actions taken during the treatment process.
Negligence: When the accused party breached their duty of care and this breach resulted in an injury to the claimant.
Personal Injury: This refers to any physical or psychological injury that was caused by the negligence of another person.
Plaintiff: A person who initiates the personal injury lawsuit by filing a complaint with the court.
Product Liability: When a defective product causes injuries and the manufacturer can be held liable.
Premises Liability: When a property owner is held liable for injuries that occur on their property due to their negligence.
Settlement Mediation: When both parties meet with a mediator in an attempt to settle outside of court.
Statute Of Limitations: The deadline for filing a personal injury lawsuit, which varies from state to state.
Summary Judgment: When the court decides that there is not enough evidence for the case to go to trial.
Summons: A document that is served to the defendant informing them that they have been sued. And they need to appear in court on a certain date.
Testimony: This is evidence that is given by witnesses during a trial.
Tort: This is a civil wrong that results in harm being inflicted on another person, which can be either intentional or unintentional.
Witness: Somebody who saw what happened and can give testimony in court about the incident.
Workers’ Compensation: This is insurance that provides benefits to employees who are injured while working.
Conclusion
Understanding the key terms involved in a personal injury claim can greatly aid in navigating the legal process and maximizing compensation. Key terms include negligence, liability, damages, the statute of limitations, and insurance coverage. Seeking the assistance of an experienced personal injury attorney can also be beneficial in ensuring a successful claim.
