Personal injury cases are different but there are terms that almost always appear. This is true for everything from car accidents to slip and fall incidents. Because of this, it is very important to be aware of some terms. The most common ones are explained below by a Hartford injury attorney.
A plaintiff is a group of parties or an individual party that files the personal injury lawsuit. For instance, if you fall in a grocery store because of a slip and you are injured, you become the plaintiff during the upcoming lawsuit.
A complaint is filed by the plaintiff. This is what initiates the lawsuit, as long as all the legal proceedings are respected. The complaint in personal injury cases is basically a formal expression that highlights the grievances you have against the defendant.
You file your complaint as a plaintiff against a defendant. This means the defendant is the individual or the business that is accused with being liable for the injuries the plaintiff suffered. If we are to think about the example mentioned below, the grocery store becomes the defendant in a personal injury lawsuit.
Statute Of Limitations
This is how much time is available according to law to file your personal injury lawsuit. It will vary from one location to the next and even from one case to another. The time frame can be very small, just one year long. Or, in other cases, like with some civil suits, the term can be 10 years.
When negligence is questioned in personal injury cases, the statutes of limitations that apply are usually as long as 2 or 3 years. Some special exceptions do exist when referring to malpractice cases. Always check what state laws apply so you can be aware of how much time is available for you.
This is defined as tort that appears due to the carelessness of an individual or not acting with the proper reasonable care. In order to prove the negligence, the plaintiff needs to prove their case.
For starters, there is an obligation or a duty that the defendant needs to have in relation to the plaintiff. Then, a defendant needs to be shown as having breached the legal duty. The third thing is to show that it was the breach that caused the damage the defendant received. The fourth thing the plaintiff needs to prove is that the damages do exist. Damages, causation, breach, and duty almost always appear in personal injury cases.
Getting back to the grocery store, there is a duty to keep absolutely all aisles safe, without hazards. When a spill is not properly cleaned in a suitable time, it is considered to be negligence.
As you can so easily see, there are several terms that appear in personal injury cases. It is very important that you get help by hiring an injury attorney since this is going to definitely help you to understand absolutely everything. If you have any questions, do be sure you will discuss terms with the lawyer. This is definitely something that is going to help you properly understand everything.