4 Key Terms to Know for a Personal Injury Claim
With the rise in accidents and personal injury cases, it has become crucial that you understand the key terms. When dealing with a potential personal injury claim, there are some common terms. For many of us, who are often confused with legal terms, this article will break down 4 of the most common terms used when talking about personal injury claims.
Personal injury claims deal a lot with the concept of negligence. Negligence is a legal term that refers to the failure to take reasonable care to avoid causing injury or damage.
Negligence can be either criminal or civil in nature. Criminal negligence occurs when someone acts in a way that is so careless that it creates a risk of serious injury or death. For example, imagine you were texting while driving at high speed on the freeway. In this example, you are breaking two laws (no texting while driving and the speed limit). If you were to cause an accident due to the act of texting while speeding, a personal injury lawyer could make the argument for criminal negligence.
Civil negligence occurs when someone fails to take reasonable care to avoid causing injury or damage, but the level of carelessness is not as high as it would be for criminal negligence. An example of civil negligence in personal injury might be a driver who runs a stop sign and strikes a pedestrian. While this could result in injury, and the driver is at fault in this scenario, it may not constitute the level of criminal negligence.
Duty of Care
For personal injury claims, in order to prove negligence, it must be shown that the person who caused the injury or damage owed a duty of care to the person who was injured or had their property damaged. Duty of care is the legal obligation to act in a certain way to avoid harming others. This duty of care varies depending on the relationship between the two parties. For example, drivers have a duty of care to other motorists and pedestrians on the road. Property owners have a duty of care to keep their premises safe for visitors.
In personal injury claims, if it can be shown that the person who caused the injury or damage breached their duty of care and that this breach resulted in the injury or damage, then they will be liable for negligence.
Liability is the legal term for responsibility. When someone is liable for something, it means they are responsible for it. In the context of a personal injury claim, liability refers to who is responsible for the accident or injury.
The legal term for compensation is damages. Damages are the amount of money that you are claiming from the defendant. When someone is awarded damages in a personal injury claim, it means they are entitled to receive compensation. This compensation will be from the person who caused their injuries. Damages can cover things like medical expenses, lost wages, and pain and suffering.
These are just a few of the key terms that you should know if you are planning on filing a personal injury claim. Knowing these terms can help you better prepare for conversations with a personal injury lawyer. It is always advisable that if you believe you are involved in a personal injury scenario that you contact a personal injury lawyer such as one at B|B Law Group.
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