If you have been injured in a car accident, motorcycle crash, fall, or other personal injury accident, you will likely hear many terms that you have never used before, unless you have a previous accident claim. Therefore, it can be overwhelming at first until you learn some of the legal terms used in your case. Below are common terms we use in a personal injury case.
Common Legal Terms Used In Accident Cases
Affidavit: A sworn statement of facts provided by one of the parties to the accident, an eyewitness, expert, or other party related to the case.
Adjuster: An adjuster works for the insurance company. The adjuster conducts an accident investigation, assesses the claim, and negotiates a settlement for the claim.
Bodily Injury Claim – This claim covers the costs and damages related to your physical injuries. The claim includes financial and non-financial damages, explained below.
Contingency Fee: Refers to a percentage of the compensation an accident victim receives that is paid to the attorney for representing the victim. The attorney only receives payment if the attorney obtains compensation on behalf of the accident victim.
Damages: In personal injury cases, damages refer to the compensation awarded to an injury victim to compensate the victim for his injuries and losses.
Defendant: The party against whom you file a lawsuit. In other words, the person or entity who caused your injuries.
Expert Witness: A person whose education and experience qualify him or her to provide specialized testimony regarding the case.
Eyewitness: An eyewitness is a person who sees the accident as it happens.
More Common Words
Financial Damages: Financial damages are actual out-of-pocket costs incurred because of the accident. Financial damages include medical bills, lost wages, property damage, medications, travel expenses, funeral expenses, personal care, and physical therapy.
Future Damages: Future damages are losses that you anticipate to incur, such as loss of future income and continuing medical expenses.
Liability: Liability refers to legal responsibility for your actions or omissions. For example, a driver who turns left in front of a motorcycle causing a collision is responsible for any damages caused by the collision.
Negligence: The failure to exhibit the level of care that a prudent person would behave given similar circumstances. If a person’s negligence results in an accident, he is liable (see definition for liability) for all damages resulting from the accident.
Non-economic Damages: Damages that are not measurable in monetary terms. However, because the justice system cannot undo a person’s injuries, it allows an accident victim to receive compensation for non-economic damages. Non-economic damages include physical pain, permanent disabilities, scarring, disfigurement, loss of enjoyment of life, mental anguish, and emotional stress.
Plaintiff: The person who files a lawsuit against another person. In a personal injury lawsuit, the plaintiff is the injured person.
Property Damage Claim: A property damage claim covers the damage to personal property (i.e. vehicle, home, etc.).
Settlement: The monetary figure offered by the other party to resolve all claims related to the accident. If you accept a settlement, you agree to release the other party from any future claims.
Statement: A statement can be written or recorded. It is a detailed description of the facts of the accident according to the person providing the statement. Statements can be used against you; therefore, it is always best to call our office before providing a recorded or written statement.
Contact A Lexington Accident Attorney For A Free Case Evaluation
You do not need to handle a personal injury claim by yourself. Our Lexington accident attorneys can deal with the insurance adjuster while you focus on your recovery. In addition, we protect your legal right to a fair settlement for your claim. Contact the Shelton Law Group by telephone at 1-888-761-7204 or online. We encourage you to take advantage of our free consultations to get answers to your questions from a Lexington accident attorney.