Navigating legal cases associated with personal injury can be a daunting task, especially when you are ignorant of the law. Legal terms that your York personal injury lawyers might introduce you to can be difficult to grasp. While they may try their best to help you understand things, having a basic knowledge of the definitions can help you deal with the intricacies in a better way.
This blog will reveal 15 important legal terms you might encounter during your personal injury case in the court of law.
But first, what defines a Personal Injury?
In legal terms, personal injury may not only be associated with a person’s body but may also be associated with their emotions and reputation. There are three grounds on which a personal injury claim can be bought- Negligence, Strict Liability, and Intentional Wrongs.
- Negligence stands as the most common basis for such claims. The basis for liability under this factor stems from a person’s failure to behave with the level of care that a reasonable person would have otherwise exercised.
- Strict Liability holds a person liable for committing an action, regardless of their intent or what their mental state was when committing it.
- Intentional Wrongs arise due to an intentional act of a person that might result in battery, assault, false imprisonment, trespass to land, chattels, and intentional infliction of emotional distress.
Furthermore, as leading York personal injury lawyers suggest, personal injury harm can arise by two different means:
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Harm to the Body
Harm to the body can be in the form of-
- Automobile accidents
- Workplace accidents
- Assault
- Product Defect Accidents
- Medical Malpractice
- Nursing Home Abuse
- Toxic Torts
-
Non-Bodily Harm
Personal Injury claims can also be a result of non-bodily harm like-
- Intentional infliction of emotional distress
- Defamation
- False Detention, Arrest, or Imprisonment
- Malicious Prosecution
- Invasion of Privacy
Now that you are aware of what exactly defines a personal injury, you can know what other terms might be prevalent during your case.
Key Legal Terms for Personal Injury Cases
#1 Burden of Proof
Burden of Proof is one of the most-common terms used by York personal injury lawyers. It refers to the amount of evidence the victim must present to secure a win and prove their allegations right.
#2 Compensation
When the defendant is found responsible for the injury or accident, they are required to compensate the victim. This amount is paid during settlement negotiation or at the end of the case litigation to make up for the losses caused by the defendant’s actions. Compensation might be made to cover the financial expenses including any loss and damages, and emotional pain, suffering, mental agony, among others.
#3 Damages
Damages refer to the money awarded by the court to the victim at the time of the end of the case proceeding. These can be economic or non-economic. Where economic losses cover quantifiable losses associated with wages, medical expenses, auto repair bills, and expenses from replacement services, non-economic losses include intangible losses due to pain, humiliation, and mental suffering.
#4 Defendant
A defendant can be the person/party that is sued in a personal injury case. They are believed to be legally accountable for the victim’s injuries and any losses incurred as a result.
#5 Force Majeure
It is a French term that literally means “greater force”. The term is related to the concept of an act of God, or an event for which neither of the parties can be held accountable. However, it also encompasses human actions like armed conflict. York personal injury lawyers might better suggest if this principle can be leveraged by defendants.
#6 Liability
Liability is a party’s legal responsibility or accountability due to their actions. People may be held accountable due to their actions, inactions or the actions of people or animals for which they are legally responsible. Person who’s held liable may be required to pay the victim or compensate them in other form, among other options.
#7 Negligence
It refers to either party’s failure to meet the standard level of care required by law to protect others from a personal injury. If a victim can prove that the defendant had a legal duty to observe a certain level of care, which was violated and resulted in injuries to the victim, negligence is proven.
#8 Personal Injury
Again, personal injury refers to injury caused by another party’s negligence. It could be physical, mental, emotional, and might also include property damage. A personal injury lawsuit can be filed against the at-fault party to recover compensation for the same.
#9 Personal Injury Claim
The claim or legal dispute arising out of a personal injury that concerns the mental or physical harm endured by the victim because of the defendant’s negligence is termed as a personal injury claim.
#10 Plaintiff
It refers to the individual or party who files a case in the court of law. They may also be termed as Complainants.
#11 Preponderance of Evidence
This is the standard amount of proof used in civil litigation. It requires the party with the burden of proof to show that their claim or argument is accurate. Under this standard, the burden of proof is reached when the party with the burden persuades the judge that there is more than a 50% chance of their claim to be true.
#12 Settlement
It is an agreement between parties to end a lawsuit by paying compensation. In this case, the victim/complainant agress to receive money and sign a release in return for dropping the claim against the defendant.
#13 Statute of Limitations
Depending on the type of claim, there is a permissible period or time frame within which the plaintiff can file a suit. The average period for this can be a year to 10 or more in some cases. As per York personal injury lawyers, the statute of limitations in personal injury cases reckons from the date of injury or the date it was discovered if it was not immediately known/noticed.
#14 Tort
A tort is an act or omission that causes harm or injury to another. It amounts to a civil wrong for which the court imposes a liability. In torts, “harm” refers to a loss or detriment a party suffers, while “injury” refers to the invasion of a person’s legal right.
#15 Wrongful Death
A type of injury where the victim dies due to the defendant’s actions. This also refers to a civil action brought by the victim’s family members or dependants who lost the support of the deceased. A family member/ legal heir of the deceased is qualified to file a lawsuit for wrongful death on behalf of the deceased.
The Final Word
Dealing with personal injury cases in York can be challenging, especially when it is your first time dealing with it. While your York personal injury lawyers can always help, being familiar with the basic terminology will help you better understand the process and gain clarity on the same.
