Key Terms Every Client Should Understand During A Personal Injury Case

6 April 2015
 Categories: Law, Blog


No matter how safe you think you are, there is always someone else who does not take safety as serious. This is why most people who are injured are in the situation due to someone's negligence. Thankfully, you always have personal injury lawyers to turn to for help. If you find yourself in the middle of a personal injury claim, there are several key terms that you should understand the meaning of to ensure you have a good grasp on what is taking place.

Prayer for Relief - In personal injury claims, this is a fancy way of referring to the amount of the monetary reward you are seeking. Your lawyer may enter a claim on your behalf that includes a prayer for relief.

Damages - Damages refers to the amount of loss you have suffered due to your injury. In personal injury a few of the most common forms of damage would be medical bills, lost wages, a damaged vehicle, and pain and suffering.

Statute of Limitations - The statute of limitations refers to the legally allotted length of time a claimant has to file a lawsuit after an injury. The statute of limitations can vary from state to state depending on the type of claim you have.

Tort/Intentional Tort - A tort is another name for a claim in a civil suit. Pretty much every type of personal injury claim will be a tort case because it does not involve malicious intent. Intentional tort is the opposite type of case and is more common in cases that involve criminal charges, such as assault or fraud. 

Res Ipsa Loquitur - This is a Latin term that literally translates to "the thing speaks for itself." This may be used in reference to evidence that is circumstantial, but not concrete. However, is still usually enough to sway a decision in favor of a claimant.

Burden of Proof - In a personal injury case, the person filing the claim must be able to prove to the court that someone else was negligent and caused the accident. Therefore, the burden of proof is upon the claimant. In other words, the person has the burden to prove negligence or causation.

By educating yourself about some of the legal terms involved in a personal injury claim, you will feel more comfortable in your claim proceedings. If there is anything you do not understand, make sure to talk to your personal injury lawyer, one like Prediletto, Halpin, Scharnikow & Nelson, P.S., who will be happy to lead you to understanding.