Common Personal Injury Terms Explained

Understand key personal injury terms like plaintiff, negligence, and damages to navigate your case with confidence.
Relevant Law Team
August 26, 2024 · 5 min read

Personal injury cases involve various legal terms that may seem overwhelming, especially if you're unfamiliar with the legal process. To make things clearer, we've outlined some of the most common personal injury terms and their meanings, which could be relevant to your case.

Common Terms Used in Personal Injury Cases

Plaintiff

The plaintiff is the individual, group, or organization initiating a civil lawsuit. In a personal injury case, if you are suing for damages, you are the plaintiff.

Defendant

The defendant is the individual, group, or organization being sued, who is alleged to be responsible for causing injury or harm. In some cases, there may be multiple defendants involved.

Torts and Intentional Torts

A tort refers to any wrongful action causing injury that is not a criminal offense or a breach of contract. Intentional torts, like assault, can lead to both civil and criminal liabilities for the defendant.

Negligence

Negligence is one of the most common legal bases for personal injury cases. To prove negligence, you must show that the defendant failed to fulfill a duty of care owed to you, resulting in harm.

  • The defendant owed a duty to the plaintiff.
  • The defendant breached that duty.
  • The breach caused harm to the plaintiff.
  • The plaintiff suffered actual damages.
Duty or Standard of Care

This legal concept refers to the defendant's obligation to act in a manner that protects others from foreseeable harm. In some cases, professionals are held to a "standard of care" appropriate to their industry.

Statute of Limitations

The statute of limitations is the time frame in which you must file a lawsuit. For personal injury cases, it typically ranges between 2 and 4 years, but it may vary based on your state and the specific type of injury.

Damages

Damages are the compensation sought by the plaintiff in a personal injury lawsuit. Damages are categorized as economic (lost wages, medical bills) or non-economic (pain and suffering). Punitive damages may be awarded in cases of extreme negligence.

No-Fault

In "no-fault" states, car accident claims are filed with your own insurance company, regardless of who caused the accident. Personal injury lawsuits are only allowed in specific circumstances.

Expert Witness

Expert witnesses are individuals with specialized knowledge in a particular field who testify to support your case. In personal injury cases, expert witnesses may provide insights into medical conditions, financial losses, or accident reconstruction.

Accident Report

This is the official report filed by police or other professionals documenting the details of an accident. It is often a crucial piece of evidence in personal injury cases.

Prayer for Relief

A prayer for relief, also known as a "demand for relief," is a document filed by the plaintiff that outlines the damages they are seeking from the defendant. It typically includes a specific amount of compensation requested.

Answer

The answer is the formal response filed by the defendant in reply to the plaintiff's complaint. It usually denies the allegations or provides defenses for the claims made.

Strict Liability

Strict liability applies in personal injury cases where the defendant is automatically responsible for damages, regardless of intent or negligence. This often occurs in product liability cases involving defective or hazardous products.

Preponderance of Evidence

This is the standard of proof in civil cases. The plaintiff must show that the evidence is more likely than not to prove their case, meaning there is a greater than 50% chance the claims are true.

Settlement

A settlement is an agreement between the plaintiff and the defendant to resolve a case before it goes to trial. Settlements typically involve a negotiated payment by the defendant to the plaintiff in exchange for dropping the lawsuit.

Need Help? Let Relevant Law Guide You Through Your Personal Injury Case

Personal injury cases can be complicated, but our experienced attorneys at Relevant Law are here to help. Contact Relevant Law today for expert legal advice tailored to your situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change over time, and the information provided may not be accurate in the future. Contact an attorney for specific legal guidance regarding your case. No attorney-client relationship is created by reading this content.

Need Help?

Let Relevant Law Help You Build a Successful Partnership.
Let Us Help You
Contact Us

We Also Recommend

Stay Informed

Subscribe to receive, via email, articles and information about our services, new locations and events. You can unsubscribe at any time.