Why You Should Know Personal Injury Legal Terms
To ensure you understand all aspects of your personal injury case, start acquainting yourself with the personal injury legal terms often used in these types of cases. There are several commonalities that all personal injury claims share, and knowledge of the more generic legal terms will help you help yourself. Once you establish familiarity with these commonly used legal phrases, you’ll have a better foundation for understanding what you’re up against and what needs to happen for your case to succeed.
In order to prepare for your upcoming case, make sure you know the definitions of the terms and phrases you’re likely to hear your attorney use; or, you’ll hear them in the courtroom.
1. Lawyer or Attorney
These personal injury legal terms are used interchangeably and mean very similar things. A lawyer is someone who has gone to law school and has studied the practice of law. An attorney is a lawyer who has passed the bar exam or otherwise been admitted to a state bar. An attorney is qualified and licensed to represent someone in court. Learn more.
There are many definitions of this word, but in a legal sense, a claim is a request or demand to seek compensation. A claim can be made with a court. For instance, if you are injured in a car accident, you may file a claim to be compensated for your injuries.
If a claim is not settled outside of court, then a lawsuit will be filed. A lawsuit is a formal action that occurs in a civil court. The lawsuit starts when the plaintiff files a complaint, which is a document detailing what happened and the legal basis for bringing the lawsuit.
If you are the individual who has been injured and filed a claim or a lawsuit, then you are the plaintiff. A plaintiff is a person who brings a claim against another party.
The defendant is the person or party against whom a claim is brought. The defendant is usually the person who is alleged to have caused an injury.
Liability is responsibility for an injury. Insurance companies usually spend time trying to determine liability. More than one party can be liable to different degrees. Determining liability is essential to a claim.
7. Statute of Limitations
A statute of limitations is a legal time limit within which you can file a claim. After an incident occurs, you can’t just file a claim whenever you want. For instance, in Florida, the statute of limitations for filing a claim in a car accident case is four years from when the accident occurred.
In most claims, the key question in the case is whether there was negligence. Someone is negligent when they breach the duty of care and cause an injury. A negligent party should be held liable for the injuries they cause.
McKay Law Is Ready To Help the Injured
Mckay Law is eager to boldly fight and protect anyone who may be the victim of a car or truck accident or other personal injuries!
If you’ve been injured due to someone’s negligence, you should consult with an experienced personal injury attorney. The lawyers at McKay Law have been helping the injured for over 13 years. Personal injury legal terms are not complicated. Feel free to ask us any personal injury legal terms that you don’t understand and will explain them to you.
Mckay Law is a Texas-based national personal injury law firm that focuses on representing victims of personal injury cases. Personal injury law holds parties liable for the injuries and damages that they cause to others as a result of negligent or intentional misconduct. We proudly serve clients in East Texas including Greenville TX, Paris TX, Mount Pleasant, Killeen, Bonham, Lindale, Quitman, and New Boston.