A
Accident Report – An official record of an incident documented by a figure of authority, such as a police officer, at the scene of the incident. These often serve as important evidence in personal injury cases, including car accidents. Alternative Dispute Resolution – Legal processes meant to help parties resolve a claim without going to trial. Examples of alternative dispute resolution include arbitration and mediation. Arbitration – The hearing and resolution of a personal injury settlement dispute overseen by a neutral third party, often a lawyer or judge. The third party’s decision is final and legally binding. At-Fault Party – A person or entity determined to be partially or fully responsible for an incident and its resulting injuries. Attorney-Client Privilege – A legal benefit that protects confidentiality between attorneys and their clients. Neither a client nor their attorney can be forced to share their private conversations.B
Bodily Injury - Physical damage to a person’s body caused by an accident, negligence, or criminal intent. Burden of Proof - The claimant’s obligation to demonstrate that the other party is at-fault in a personal injury claim.C
Causation – The cause-and-effect relationship between the at-fault party’s behavior and the resulting injuries. It has to be proved that the other party’s negligence or intent directly caused the injuries. Claim (personal injury) – A request made to an insurance company in an effort to recover compensation for damages. A complaint against another party that is filed with the court by an injured victim. Claims Adjuster – An agent of an insurance company who investigates and evaluates property damage and bodily injuries in order to assign a value to a claim. A claim adjuster works directly for the insurance company and negotiates with the attorney. Comparative Negligence – A legal doctrine that assigns percentages of fault to multiple parties depending on how much they contributed to an incident. For example, an injury victim may be considered 20% at fault for their own injuries. The available compensation is then reduced by the amount the injured victim is found to be at fault. Compensation – Money that is awarded to a plaintiff or claimant meant to remedy the injuries or illness that resulted from another party’s negligent actions. Compensation is meant to make the injured victim “whole” again. Complaint – The initial document or lawsuit that one party files with a court to establish a legal dispute against another party. A complaint alleges what the accused party did wrong. Concussion – A traumatic brain injury that develops when a person’s head sustains a bump, blow, or jolt that violently throws their head and brain back-and-forth. A concussion disrupts brain function and can cause headaches, nausea, and disorientation. Sustaining multiple concussions has serious medical consequences and can be fatal. Contingency Fee – A predetermined percentage that a client must pay a lawyer only when the lawyer recovers compensation on the client’s behalf. This allows clients with limited financial resources to hire representation since no money is required upfront. Contusion – A bruise. Contusions develop when blood capillaries rupture, leaking blood to local skin and tissue. Contusions can also occur internally, like on the brain. CT Scan – A diagnostic tool that medical professionals use to detect internal damage to bones, tissue, and organs. CT Scans are often used to prove the extent of a personal injury. Short for Computed Tomography, this creates images similar to 3D x-rays.D
Damages – Payment that is awarded to a plaintiff for physical, mental, and/or bodily injuries. Damages are paid by or on behalf of the at-fault party. There are multiple types of damages in a personal injury case, including:- General Damages – Damages that do not have a specific value, such as pain and suffering, mental anguish, and loss of enjoyment in life. A dollar amount will be assigned to these losses within a personal injury case.
- Special Damages – Damages associated with a specific dollar amount, such as medical bills, lost wages, and property repair expenses.
- Punitive Damages – Damages designed to punish an at-fault party, usually for an egregious act. Punitive damages are meant to dissuade other parties from doing something similar. Usually awarded for major offenses.