Although your personal injury attorney will handle the details of your personal injury or medical malpractice case it can be helpful if you have a basic understanding of some of the legal and insurance related terms you will hear throughout the prosecution of your personal injury case.
The following are a few common legal and insurance terms which you might come across in a personal injury lawsuit.
Action This is another word for lawsuit. An action is a legal demand presented to the court of your right to recover from another party.
Comparative Negligence
Under comparative negligence the negligence of the parties involved is compared in terms of percentage of fault. Recovery is then reduced in direct proportion to the percentage of fault. For example, if a party is 25% at fault then they will only recovery 75%.
Complaint A complaint is the initial declaration of a lawsuit in civil procedure.
Damages
Damages refers to the amount which may be recovered in court by a person who has suffered loss.
Defendant
The defendant is the party who is being sued and therefore defending themselves in a legal action
Discovery
Discovery refers to the disclosure of facts, documents and other information by the adverse party. This is during the initial investigation phase of litigation.
Malpractice
Malpractice is a term which refers to professional misconduct or lack of skill.
Proximate Cause
The proximate cause of an accident is that cause which directly leads to the accident and without which there would not have been an accident.
Tort
A tort is a wrongful act and the basis for a civil lawsuit.
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