Personal Injury Legal Terms Everyone Should Know

Do you know that if someone else's negligence caused you injury or the death of a loved one, the law permits you to pursue a personal injury claim? A glossary of common personal injury terminologies will help you prepare for the procedure ahead. This glossary may also assist you traverse the concepts and jargon you discover while you pursue your claim.

Learn some fundamental legal terminology that every plaintiff should be familiar with.

Claim

A claim is a civil lawsuit, in which a claimant demands payment for injuries. A claim is a formal accusation that a liable person caused injuries or death and that the plaintiff wants to seek restitution.

Negligence

Negligence is the inability to act with the same caution that a reasonable person would in the same circumstance. In general, the term negligence refers to being reckless. This act of commission and omission results in damages. The law permits financial restitution when one person's reckless behavior harms another.

Judgment

Judgment refers to a judicial decision that resolves a legal disagreement between parties involved. The terms of a judgment may call for restitution in money or the surrender of property. A judge hands their final judgment irrespective of the opinions of the parties to the case.

Premises Liability

Premise liability refers to the legal concept that holds property owners liable when someone accesses their property and gets injured because of a risky situation. Negligence is the foundation of premises liability claims. This principle derives from rules that specify that one may assume to be safe whenever they enter another person's property.

Binding Precedent

A binding precedent is a court judgment that other courts reference as an example or comparison to settle comparable legal issues in subsequent cases. Appellate courts with the power to review lower courts' judgments frequently bind lower courts.

Act of God

Acts of God are situations that are uncontrollable, unforeseeable, and unavoidable. Acts of God could serve as a defense or exemption to responsibility, such as in a scenario that would otherwise make up a contractual breach. Examples of such accidents include damages from floods.

Damages

Damages are sums of money harmed parties receive as restitution for the harm committed. The goal of compensatory damages is to compensate a victim for all past and future costs. This includes medical expenses and lost income. Punitive damages aim to rectify the defendant's behavior.

Burden of Proof

The burden of proof is the obligation that a party must establish their case to prevail. In personal injury claims, the claimant must show that they suffered harm because of the defendant's recklessness to prevail. 

Tort

Tort refers to a civil offense or a violation of a legal obligation to another person. A typical tort is the reckless operation of a vehicle, which can cause property destruction and personal harm in a road accident.

Arbitration

One way to end a civil dispute is through arbitration. Arbitration is an option for two parties that cannot come to an agreement and would rather avoid a trial. In all arbitration situations, an impartial referee renders an enforceable decision on the matter.

Did you know that all personal injury lawsuits have many things in common and that you will have an added advantage if you take time to understand the legal jargon of injury lawsuits? To make sure you comprehend all facets of your personal injury lawsuit, familiarize yourself with the common legal terminology for these types of lawsuits.

Do you have reservations about your legal rights, or have you ever gotten injured because of someone's negligence in California? Please get in touch with us to arrange a no-cost consultation. We can guide your case and assist with any personal injury terminology.