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10 Commonly Used Personal Injury Terms

Personal injury lawyers

Although every personal injury case is unique, there are some legal terms common to nearly every one. Here’s an overview of 10 terms you may come across while making a personal injury claim.

1. The plaintiff is the person or party seeking compensation for injuries. 2. The defendant is the person or party accused of being liable for the plaintiff's injuries. 3. Damages are what the plaintiff receives as compensation for their injuries. For example, damages usually include medical expenses to treat injuries or the cost to replace or fix the damaged property. 4. Liability is the concept of fault. For example, if someone is held liable for an accident or injury, they’re deemed at fault for this accident or injury. 5. The burden of proof is the level of proof required for the plaintiff to convince the court that the defendant is liable for their injuries. 6. Negligence refers to when someone fails to use a reasonable degree of care to prevent harm to others. 7. Assumption of risk describes the action of a person voluntarily proceeding with a risky activity despite being aware of the dangers associated with it. 8. The limitation period is the time limit in which a person can submit a personal injury claim. If you fail to claim within this time frame, you lose the right to claim compensation for your injuries. 9. Mediation is the process of settling a personal injury claim through negotiation instead of going to court. Both the plaintiff and defendant must agree to use an independent third party to help resolve the claim without going to trial. 10. An appeal can be made by either the plaintiff or defendant if they don’t agree with the court’s ruling. Either party can ask for one to try have a decision overturned. For example, the plaintiff may believe they should have received more damages. Alternately, the defendant may feel they should pay less in damages. Finally, before making any legal decisions, it’s a good idea to consult a personal injury lawyer to find out if you have a case. They'll evaluate every angle of your claim and help you decode the legal jargon to ensure you understand your rights and obligations.


If a car accident, ATV crash or another traumatic incident injures you or a loved one, you may be entitled to claim compensation for your damages. At Feifel Gualazzi, our lawyers specialize in personal injury claims and can help you secure a fair settlement. To schedule a free consultation, contact us today.


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