A New York Personal Injury Lawyer Explains Common Legal Terms Used in Personal Injury Cases
If you have filed a personal injury claim against someone or a company, or if you are considering it, a number of legal terms may arise during the process. When you work with a personal injury lawyer from Okun, Oddo & Babat, they will answer any questions you have. If you are confused by a legal term, it will be explained to you.
However, it may be helpful to you to have them explained in writing for your reference. Below are some of the most common legal terms used in personal injury claims and lawsuits. We encourage you to contact our New York office for a free consultation if you would like to know more about how we can help you seek compensation for your injury.
Personal Injury Lawsuits
- Defendant: The party who is being sued for having caused the victim’s injuries.
- Plaintiff: The victim who has filed the lawsuit against the defendant.
- Complaint: A personal injury complaint is the lawsuit your personal injury lawyer files with the court on your behalf.
- Answer: The defendant’s response to the plaintiff’s complaint with their version of events.
General Terms Regarding Personal Injury Cases
- Statute of Limitations: This is the time period within which you must file your personal injury claim or lawsuit, after which your claim will be deemed invalid. This time period varies based on certain variables and the state you live in, which can be explained by your personal injury lawyer.
- Tort: This refers to an act that is wrong but one that is not criminal in nature. Most civil suit litigation cases involve a tort. Examples are wrongful death, negligence, libel and slander, civil assault and battery.
- Intentional Tort: This is a wrongful act that was occurred on purpose and may be considered a criminal act, as well as a civil assault.
- Negligence: This is a tort that refers to a person or company’s carelessness or failure to act with reasonable care and which results in harming a person or their property. To prove negligence, your New York personal injury lawyer will have to establish that the defendant and their actions or inaction meets several criteria.
- Burden of Proof: This is the plaintiff’s responsibility to prove that their allegations against the defendant are true. Your personal injury lawyer can explain the degree or threshold of proof that must be met.
- Damages: This is what the plaintiff seeks to recover in a claim or lawsuit. The plaintiff and their personal injury lawyer usually ask for compensation in the form of money, despite the nature of the damages. Damages fall into one of two categories: economic or non-economic.
- Economic: Examples are medical costs, loss of income, car repairs, property damage.
- Non-economic: Examples are pain and suffering, humiliation, post-traumatic stress disorder, depression.
Contact a Personal Injury Lawyer You Can Rely On
At Okun, Oddo & Babat, our legal team is well-versed in the often complicated laws surrounding personal injury claims and lawsuits. We have a long, successful history of recovering the maximum possible amount of damages on behalf of our clients who were injured through no fault of their own. Call us today to request a free case review with a New York personal injury lawyer from our firm.