You may hear many confusing legal words if you ever get hurt in an accident. These terms are used in personal injury (PI) law and can show up in insurance talks, court papers, or when talking to a lawyer. Knowing what they mean can help you feel more confident and understand what’s happening in your case.
Many people in San Bernardino file personal injury claims every year. California sees over 200,000 injury-related car crashes annually, according to the California Office of Traffic Safety. If you or someone close to you is injured and looking for help, Jacoby & Meyers San Bernardino personal injury lawyers can guide you through this process. But even before meeting a lawyer, it’s smart to learn the words that often come up in PI cases.
Going further:
Negligence
Negligence means someone didn’t act as carefully as they should have, and that caused someone else to get hurt. For example, if a driver runs a red light and hits another car, that’s negligence. This word is at the center of most personal injury cases.
Liability
Liability is a big word for being legally responsible. If a store forgets to clean up a spill and someone slips, the store may be liable. There are different kinds of liability, like:
- Strict liability: When someone is responsible even if they didn’t mean harm (like a dog bite).
- Vicarious liability: When a person or company is responsible for someone else’s actions.
- Comparative negligence: When more than one person shares the blame.
Damages
Damages mean the money a person might get after an injury. There are three main types:
- Economic damages: Money for things like doctor visits or missed work.
- Non-economic damages: Money for pain, stress, or life changes.
- Punitive damages: Extra money to punish someone who misbehaved.
Statute of Limitations
This is the time limit you have to start a lawsuit. In California, you usually have two years from the day of the injury. If you wait too long, the court may not let you file the case.
Burden of Proof
This means the person filing the case must show enough facts to prove they were hurt and the other party caused it. In personal injury law, the rule is called “preponderance of the evidence,” which means the story must be more likely to be true than not.
Complaint
This is the first paper in a lawsuit. It tells the court what happened and what the injured person asks for. The person who files it is called the plaintiff.
Discovery
During this part of the case, both sides share information and evidence. It may include papers, pictures, or interviews with people. This step helps both parties prepare for court or settlement.
Settlement
Most personal injury cases don’t go to court. Instead, the two sides agree on a number and settle. A settlement means both sides choose to end the case without a trial.
Mediation and Arbitration
These are ways to solve the case without going to court. In mediation, a neutral person helps both sides talk it out. In arbitration, a neutral person listens and decides, like a judge.
Contingency Fee
Many personal injury lawyers use this kind of payment. It means they only get paid if they win your case. Their fee is usually a part of the money you earn.
Plaintiff and Defendant
The plaintiff is the person who was hurt and files the lawsuit. The defendant is the person or company being blamed.
Deposition
This is when someone gives answers under oath before the trial. A lawyer asks questions, and everything is written down. It helps prepare for court.
Verdict and Judgment
The verdict is what the jury decides after hearing the case. The judgment is the final decision from the court, based on the verdict or a settlement.
Claim Adjuster
This person works for the insurance company. They look at the case, talk to the people involved, and decide how much the company might pay.
Policy Limits
Every insurance policy has a maximum amount it will pay for an injury, called the policy limit. If damages go beyond that amount, the injured person may have to sue the person directly.
Bad Faith
Sometimes, an insurance company acts unfairly. For example, it might refuse to pay a claim without a good reason. That’s called acting in bad faith, and it could lead to another lawsuit.
Final Word
Learning these legal terms can make a big difference when dealing with a personal injury case. You don’t need to be a lawyer to understand your rights—you just need to know what the words mean.
Apart from that, if you want to know more about Your Rights After a Drunk Driving Collision then visit our Accidents Law category.
