Nobody ever plans to be in an accident or, worse still, an injury that results in injuries. However, these mishaps may happen, and it’s best always to be informed. The first way to stay on top of the situation is to hire an experienced injury lawyer to guide and help through the demanding situations and compensation negotiations that may arise.
Although an injury lawyer will always be around to explain the necessary terms, the second way to stay on top of the situation is to have an idea of what different terms mean and the times that people may use them. This knowledge will allow you to follow through with most processes, making it easier and less frustrating. To get started, here are five common injury lawyer terms you may hear when you file a complaint.
The plaintiff refers to a person or a group of people filing a lawsuit or bringing a complaint. In other words, if you’re in an accident that results in injuries due to the actions of someone’s negligence or fault when you file a claim through an injury lawyer, you’re the plaintiff.
The plaintiff serves the complaint against the defendant. The defendant is the person or people that are liable or responsible for the plaintiff’s injuries allege. Following the example mentioned above, the person that the plaintiff believes caused the injuries and accident would be the defendant.
Statute of Limitations
The term ‘statute of limitations’ describes the time or period set by law when a person can file a case claiming damages. Statute of limitations varies from case to case and is often dependent on the state’s laws as well.
It can range from one year to 10 years or even more when it’s a civil case. There may also be exceptions for exceptional malpractice cases.
Burden of Proof
The term’ burden of proof is when the plaintiff needs to prove that their allegations are true or closer to the truth than false. The thresholds of evidence may vary and can apply depending on the type of case involved.
However, in a personal injury case, the plaintiff must typically prove with evidence that the defendant is liable. Basically, the plaintiff for a personal injury case must prove that the defendant most likely caused the injuries.
When the plaintiff makes a complaint and a case is filed, damages are what the plaintiff seeks to get. In personal injury cases, damages come as money. Damages can either be economic damages or non-economic damages. Economic damages refer to the damages that are tangible and can be quantified. These include repair expenses, medical expenses, wage losses, etc.
Non-economic damages, on the other hand, are not countable or quantifiable. They include pain, shame, trauma, etc.
If a person has been in an accident or has been seriously injured due to someone’s negligence, many thoughts and questions often run through the person’s mind. However, with the right personal injury lawyer and the knowledge of essential terms, the process may become easier to manage.