Personal Injury Lawyer
Whether you are currently in the process of a personal injury lawsuit, or are considering filing one – it is good practice to have a basic understanding of common terms used to describe aspects of the process. An experienced personal injury lawyer from Hall-Justice will explain the importance of understanding these commonly used to describe the nature and viability of a personal injury lawsuit will help you feel more comfortable during the process.
Commonly referred to as strict liability, this legal theory describes liability towards one or more parties, regardless of fault or ill intentions. Strict liability imposes liability for acts that led to conditions that caused damage or injury in any way. Examples of strict liability commonly observed are with product liability. Manufacturers are held to the standard of strict liability if their product leads to someone being injured or becoming sick.
In a personal injury lawsuit, damages refer to the money that the plaintiff is seeking by means of legal action. Damages are intended to help the plaintiff recover and help make the process less financially impactful. There are two main categories of damages, economic, and non-economic. Economic damages are tangible, quantifiable damages. Non-economic damages are not easily quantifiable and usually address emotional conditions that arise directly from the injury or condition.
Statute of Limitations
Think of the statute of limitations as a time limit or period usually set by local state law. This time frame is the period of time after an incident in which you have to make a claim. Bear in mind the statute of limitations varies based on the type of personal injury case and the locality where the claim is to be filed.
Torts and intentional torts refer to any act which can be considered as wrongful but is not technically a crime. Almost all civil lawsuits involve some form of a tort. Common examples of torts that you may encounter that pertain to personal injury lawsuits are, negligence, wrongful death, assault, battery, and trespass.
Another sub category of torts are intentional torts. Intentional torts refer to an act that was wrongful and done on purpose. The majority of these may also be classified as a crime. Assault and battery for example may carry both civil and criminal liability.
One of the most commonly used terms within personal injury related lawsuits, negligence describes a tort that stems from conduct that is perceived to be careless that leads to damage or injury to another person or property. For example, if you fell while walking in a shopping mall because of a spill that was not adequately marked, and as a result broke your arm, negligence may be used to describe the breach of duty the mall had to maintain safe premises for visitors.
Burden of Proof
Depending on the type of personal injury case being heard, the burden of proof refers to the plaintiffs obligation to prove their allegations. With a personal injury lawsuit, the plaintiff must demonstrate beyond reasonable doubt that the defendant was liable for conditions or actions that led to their injury or subsequent condition.