Personal injury claims typically arise from an unexpected or sudden accident, and the injured party often has no experience in legal matters. While your personal injury attorney will be there to guide you through the process, it helps to have a general understanding of what is happening. In this article, we will examine some of the most common personal injury terms that you are likely to hear throughout the claims process (or a lawsuit). Of course, these are very brief definitions, and you should always defer to your attorney’s knowledge and guidance. If you are unsure about any part of your personal injury case, be sure to ask for clarification from your legal professional.
Personal Injury Terminology
- Personal injury: This term refers to any injury caused by another person’s negligence, whether physical, mental, or emotional – including property damage.
- Personal injury claim: The civil action set in motion because of the defendant’s negligence is known as a personal injury claim. The claim arises when one party (the plaintiff) experiences harm from an accident or an injury due to another person’s negligent actions.
- Defendant: The defendant is the person or party being sued. They are accused of negligence and causing harm or injury.
- Negligence: When a party fails to meet the standard level of care required by law to protect others from harm, they are considered negligent. The victim must prove that the defendant had a legal duty of care that they violated, causing injury.
- Burden of proof: Personal injury cases fall under civil law – and burden of proof is a very important term in civil cases. The burden of proof refers to the amount of evidence the victim must present to the court to prevail in a personal injury case. The victim (complainant) must prove that the defendant’s actions caused their injuries.
- Liability: This term refers to a party’s legal responsibility resulting from their actions, inactions, or the actions of people or animals for which they are legally responsible.
- Damages: This term refers to the financial amount the victim is awarded by the court when their case has concluded. There are two classes of damages. Economic damages include quantifiable losses(for instance, wage loss or medical expenses.) Non-economic damages cover intangible losses (such as pain and suffering.)
- Compensation: When the defendant is determined legally responsible for the complainant’s injuries, they will be required to compensate the victim. Compensation may be awarded for lost wages, medical expenses, property damage, and pain and suffering – among other things. Compensation can be paid during settlement negotiation or at the end of the case litigation.
- Force majeure: Originating in the French language, force majeure means “superior strength.” In personal injury cases, it refers to an event that cannot reasonably be expected nor controlled. Defendants often use force majeure to argue that there was no feasible way to have prevented the incident, such as if extreme weather was involved.
- Settlement: The compensation agreement made between parties to end a lawsuit is known as the settlement. The plaintiff or complainant accepts money in return for dropping their claim against the defendant, releasing the defendant from further liability.
- Statute of limitations: According to Florida law, there is an established and finite period of time within which the plaintiff can file a suit against the defendant. In personal injury law, the statute of limitations is 2 years for cases involving negligence. In personal injury cases, the statute of limitations begins from the date the injury was incurred (or the date it was discovered.) Please Note: The statute of limitations for Florida negligence cases was 4 years until it was reduced to 2 years in March 2023.Probinsky & Cole are personal injury attorneys with offices in Sarasota, Riverview, and Orlando. Don’t try to figure out your rights or pursue a case without experienced legal assistance. Call us today for more information.
