Personal injury law is the system by which a person who negligently injures someone else can be held responsible by the victim. Personal injury claims and lawsuits aim to make the victim “whole” for injuries and other losses. While it is up to you and your doctors to take care of your physical recovery, a personal injury lawyer can help make you whole financially.
Our Kennesaw personal injury lawyer can provide the legal support and guidance you need in these challenging situations, explain your options, and deal with the legal issues in securing your financial recovery. Knowing key personal injury terms is critical for understanding whether you have a viable case and what you need to do to maximize recovery.
Important personal injury law terms you should know
The following are some critical personal injury legal terms you should understand. If you have any questions about these terms or how they apply to your case, contact a car accident attorney for the guidance you need.
Bad faith
A “bad faith” arises when an insurance company denies a reasonable claim or refuses to settle that claim for a reasonable amount. If an insurer acts unreasonably in handling a claim, the law may impose penalties on the insurer down the road.
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Burden of proof
In personal injury lawsuits, the plaintiffbears the burden of proof. That means it is the plaintiff’s responsibility to prove by sufficient evidence the value of the damages claimed, and to prove that the defendant was responsible for causing those damages.
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Claim
In personal injury law, a claim refers to an alleged right to receive compensation for an injury. Usually, that claim is presented first to the at-fault party’s insurance company to allow them to resolve it by paying a reasonable amount. If that does not result in an acceptable outcome, the claim can be pursued in the courts through a lawsuit.
Comparative negligence
Comparative negligence applies when both the plaintiff and the defendant contributed to the injuries sustained by the plaintiff and requires that the defendant’s liability for any damages be reduced by the percentage of fault assigned to the plaintiff.. In states with modified comparative negligence laws, like in Georgia, a victim may recover on a claim as long as they are no more than 49% at fault for their own injuries.
| Relevant Georgia law: |
Contingency fee
Many attorneys operate on a contingency fee basis, meaning they do not charge a fee until and unless they win the case. If a person does not recover damages in an accident claim, the attorney does not charge the client attorney-related fees. A contingent fee is usually calculated as a percentage of the money recovered in the case.
Damages
“Damages” refers to the losses suffered by a claimant or plaintiff. This includes financial losses such as medical expenses, missed time at work, and damage to vehicles, as well as losses that are more subjective in nature, including pain and suffering and mental anguish.
| Relevant Georgia law: |
Expert witness
An expert witness is a person upon whom either party calls to prove an assertion in a legal matter. Sometimes this person has first-hand knowledge about some aspect of the case, such as when the expert witness is a doctor who treated the plaintiff for injuries related to the case, but sometimes an expert witness is hired by one party or the other to express an opinion and explain complex issues to the jury.. To be allowed to testify as an expert, a witness must have relevant knowledge, skill, training, or experience that allows the witness to understand some issue involved in the case better than an ordinary juror would be expected to.
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Negligence
Negligence occurs when somebody has a duty to act a certain way and fails to do so, causing physical injury or other damages to another person. Every personal injury case involves allegations of negligence, which is the wrongful act (or failure to act) that gives the victim a right to compensation from the negligent party.
Medical malpractice
Medical malpractice is a type of personal injury that occurs when doctors, hospitals, and other medical professionals fail to follow expected best care practices in treating or diagnosing a patient. As a result of action or inaction that falls below the established standard of care for these professionals, a patient suffers death or injury.
Product liability
The term product liability refers to the liability a manufacturer or distributor of a product has when it knew or should have known about the risk associated with a product, sold it without adequate warnings, and somebody was injured. The manufacturer or distributor can be held responsible for the victim’s damages in these situations.
Wrongful death
Wrongful death is a type of damage that results when the negligent, reckless, or intentional conduct of a person causes the death of somebody else. One or more of the decedent’s survivors – a spouse, children, parents, or the decedent’s estate – may have the right to recover the full value of the lost life in a wrongful death claim.
Set up a free consultation for your case
Knowing these personal injury terms is just the first step. You also need to know how they apply to your case. Set up a free consultation with Piedmont Injury Law today by calling (678) 909-0770.