Most people have watched law-based programs or even medical-based ones and have assumed that they are up on the jargon that is used in these settings in real life.
This assumption can come crashing down very quickly when you were placed in a situation where you are required to overhear legal terminology. In the case of personal injury-related terminology, the whole situation can become incredibly complicated from the standpoint of a person making a personal injury claim.
However, don’t panic. While your legal representative will explain everything to you, in this article you will be guided through some of the terms that will be used in your upcoming personal injury case.
Causation is exactly what it sounds like and is the link between the negligence of a party and your injuries. So, if you are accusing a doctor of causing your injuries by neglecting to diagnose you correctly, this is causation. For the other party’s negligence to be proven, your injury attorney will need to prove that the injury or illness could have been prevented or have been less serious had they acted on it sooner. Therefore, it is important to find a team who knows the insert outs of the process, such as Horst Shewmaker Lawyers.
The claimant is in short, the person making the claim. So, in simple terms, the person who has been injured or made unwell through the negligence of a doctor or issues on the road or whilst using another vehicle.
Contributory negligence is when the defendant’s party will argue that you have contributed to the accident or injury. This is something to consider, especially when looking at road traffic accidents, and can be agreed to or decided by a judge. This will mean that any damages that you are awarded will be reduced based on the level of your contributory negligence.
Speaking of damages, this is the amount of money agreed or ordered to be paid to somebody who has successfully brought a claim forward to compensate them for their injuries or illnesses. Damages vary in their number and can be based on everything from loss of earnings to medical expenses.
Small claims are when the damages likely to be awarded do not exceed $1000. Therefore, if you are looking to claim for minor damage to your car, this would fall under a small claims case.
The settlement is the part that most people are interested in, as and is the agreement between parties about what is going to be paid. The judge will consider the damages and other factors, such as loss of earnings and medical fees, and will settle on a sum to pay for all of these.
It’s worth noting that in some cases, the settlement can also include legal fees that you have sought, but if this was not part of the original deal, you usually cannot add. So, you’ll have to pay for the legal fees out of the settlement by yourself.