Personal Injury Legal Terms You Need to Know
After an accident caused by another’s negligence, the legal process for recovering compensation from the responsible party can introduce terms and concepts that may be unfamiliar to someone who has never dealt with a personal injury claim. Understanding what these terms mean can make it easier to communicate with your attorney, evaluate your options, and understand what is happening with your case. At Burke, Schultz, Harman & Burke, our Martinsburg personal injury lawyers help people throughout West Virginia get the care and compensation they need and deserve after an injury caused by another person’s negligence or misconduct. While every case is different, knowing some of the most common personal injury legal terms can provide a useful starting point.
Negligence
Negligence is one of the most important concepts in personal injury law. Generally, negligence occurs when someone fails to exercise reasonable care under the circumstances and that failure causes another person to suffer harm. For example, a driver who texts while driving may be acting negligently if that conduct causes a collision. Similarly, a property owner may potentially be negligent if a dangerous condition on the property causes an injury. To succeed in many personal injury cases, the injured person must establish the required elements of negligence, including a duty of care, a breach of that duty, causation, and damages.
Liability
Liability refers to legal responsibility for an injury or loss. Establishing that another person or business is liable generally means proving that the defendant’s conduct legally caused the plaintiff’s injuries. More than one party can sometimes be liable for the same accident. For example, a truck accident could potentially involve the truck driver, trucking company, vehicle owner, maintenance company, or another party.
Plaintiff
The plaintiff is the person who brings a lawsuit. In a personal injury case, this is usually the individual who was injured. In some circumstances, someone else may bring a lawsuit on behalf of an injured person. Wrongful death claims, for example, involve specific statutory rules governing who may bring the action.
Defendant
The defendant is the person, company, government entity, or other party being sued. A personal injury case can have multiple defendants if more than one party may have contributed to the injury. Identifying every potentially responsible party can be important because different defendants may have separate insurance coverage or other assets available to satisfy a judgment.
Damages
Damages are the losses for which an injured person may seek compensation. Personal injury damages can include both economic and noneconomic losses. Economic damages may include medical expenses, lost wages, property damage, and future financial losses. Noneconomic damages include harm such as pain and suffering, emotional distress, and loss of enjoyment of life. The damages available depend on the circumstances of the case and applicable West Virginia law.
Compensatory Damages
Compensatory damages are intended to compensate an injured person for losses caused by the defendant’s conduct. In a typical personal injury case, compensatory damages encompass the economic and noneconomic losses resulting from the injury. The purpose is generally to put the injured person in the position they would have been in had the injury not occurred, to the extent money can accomplish that.
Punitive Damages
Punitive damages are different from compensatory damages. Rather than compensating the victim for a particular loss, punitive damages are intended to punish particularly egregious conduct and deter similar conduct in the future. Punitive damages are not available in every personal injury case. West Virginia law imposes specific requirements and limitations governing these damages.
Statute of Limitations
The statute of limitations is the deadline for filing a lawsuit. If a lawsuit is filed after the applicable deadline, the defendant may raise the statute of limitations as a defense, potentially preventing the injured person from recovering compensation. In West Virginia, most personal injury claims are subject to a two-year statute of limitations. However, the deadline can vary depending on the type of claim and circumstances involved. Medical malpractice, wrongful death, claims involving minors, and claims against government entities may involve different rules or additional requirements, for example. Because missing a filing deadline can have serious consequences, it is important to determine the applicable deadline as early as possible.
Settlement
A settlement is an agreement between the parties that resolves a legal dispute without requiring a trial. In a personal injury case, the defendant or its insurance company generally agrees to pay an amount of money in exchange for the plaintiff releasing the defendant from further liability related to the claim. Most personal injury cases settle rather than proceed to trial. However, accepting a settlement is an important decision because signing a release generally prevents the injured person from seeking additional compensation for the same claim later.
Insurance Adjuster
An insurance adjuster investigates claims and evaluates how much an insurance company may be willing to pay. After an accident, an adjuster may contact the injured person to obtain information about the accident, injuries, medical treatment, and damages. It is important to remember that an insurance adjuster works for the insurance company. The adjuster’s interests may not align with the injured person’s interests, particularly when the insurer is evaluating how to minimize its financial exposure.
Demand Letter
A demand letter is a written communication that explains the basis of a personal injury claim and requests compensation. It typically summarizes the accident, establishes liability, describes the injuries, and documents the damages being claimed. A well-prepared demand can provide the foundation for settlement negotiations. However, the amount initially demanded is not necessarily the amount ultimately paid.
Discovery
Discovery is the formal process through which parties to a lawsuit exchange information and evidence. It can include interrogatories, requests for production of documents, requests for admissions, and depositions. In a personal injury case, discovery may involve medical records, employment records, photographs, accident reports, insurance information, expert opinions, and other evidence relevant to liability and damages.
Deposition
A deposition is a formal question-and-answer session conducted under oath, which can be used later at trial. Attorneys for the parties may question the plaintiff, defendant, witnesses, and experts. A deposition allows attorneys to obtain testimony before trial and can help identify strengths and weaknesses in the case. Statements made during a deposition may later become important evidence.
Expert Witness
An expert witness is someone with specialized knowledge, education, training, or experience who provides an opinion about an issue relevant to the case. Medical experts may explain the nature and prognosis of an injury. Accident reconstruction experts may analyze how a collision occurred. Economic or vocational experts may calculate future lost income or evaluate an injured person’s ability to work. Expert testimony can be particularly important when a case involves complicated medical, technical, or financial issues.
Causation
Causation refers to the connection between the defendant’s conduct and the plaintiff’s injury. Proving that someone acted negligently is not enough by itself. The plaintiff generally must also establish that the negligent conduct caused the injury and resulting damages. Causation can become particularly important when an injured person has preexisting medical conditions or multiple potential causes for their symptoms. Causation is both a factual issue (cause in fact) and a legal question (proximate cause).
Comparative Negligence
Comparative negligence addresses situations in which the victim’s own negligence may have contributed to the accident or injury. Under West Virginia’s modified comparative fault system, an injured person may generally recover damages if their percentage of fault does not exceed 50%. The amount recovered is reduced according to the plaintiff’s percentage of fault. For example, if a jury awards $100,000 in damages but determines that the plaintiff was 20% responsible for the accident, the award may be reduced to $80,000. If the plaintiff is 50% or more to blame, they recover nothing.
Contingency Fee
A contingency fee is an arrangement in which an attorney’s fee depends on the outcome of the case. Personal injury attorneys commonly represent clients under contingency fee agreements, meaning the client generally does not pay the attorney’s fee upfront. The specific terms of a contingency fee agreement vary, so clients should understand how attorney fees, litigation expenses, and other costs will be handled before representation begins.
Litigation
Litigation refers to the process of resolving a legal dispute through the court system. Filing a lawsuit begins litigation, but litigation can include many stages before a trial, including discovery, depositions, motions, settlement negotiations, and mediation. Importantly, preparing a case for litigation does not necessarily mean the case will go to trial. Thorough litigation preparation can actually strengthen a plaintiff’s position during settlement negotiations.
Trial
A trial is the formal proceeding in which a judge or jury hears evidence and determines disputed issues. In a personal injury case, the plaintiff generally has the burden of proving the elements of the claim and the damages sought. Although trials are less common than settlements, preparing a case as though it will be tried can be an important part of building a strong claim.
Verdict
A verdict is the decision reached by a jury or, in some circumstances, a judge after considering the evidence presented at trial. A verdict may determine whether the defendant is liable and, if so, the amount of damages the plaintiff should receive. A settlement differs from a verdict because a settlement is negotiated by the parties rather than imposed by a judge or jury.
Judgment
A judgment is the court’s formal decision resolving the issues presented in a lawsuit. If a plaintiff prevails at trial, the judgment may establish the amount the defendant is legally required to pay. Obtaining a judgment does not always mean the plaintiff immediately receives payment. Additional procedures may sometimes be necessary to collect a judgment.
Medical Malpractice
Medical malpractice is a form of professional negligence involving healthcare providers. West Virginia medical malpractice claims are governed by the Medical Professional Liability Act, found in West Virginia Code Chapter 55, Article 7B. These cases involve specific requirements concerning the standard of care, expert testimony, pre-suit notice, certificates of merit, filing deadlines, and damages. Because of these requirements, medical malpractice claims can be substantially different from ordinary personal injury cases.
Wrongful Death
A wrongful death claim may arise when a person’s death is caused by the wrongful act, neglect, or default of another party. West Virginia law establishes specific rules governing wrongful death actions, including who may bring the claim and how damages are distributed. Wrongful death cases can involve compensation for losses suffered by surviving family members as well as other damages recognized by West Virginia law.
Why Understanding These Terms Matters
Legal terminology can make the personal injury process seem more complicated than it needs to be. Understanding basic concepts such as negligence, damages, comparative negligence, discovery, settlement, and the statute of limitations can help you follow your case and ask informed questions. However, knowing the terminology is only the beginning. Applying these concepts to the specific facts of an accident requires careful investigation and knowledge of West Virginia law.
Talk to Burke, Schultz, Harman & Burke About Your Injury Claim in West Virginia
If you have been injured because of someone else’s negligence, understanding your legal rights is an important first step. The attorneys at Burke, Schultz, Harman & Burke represent personal injury victims in Martinsburg and throughout West Virginia. We can investigate what happened, explain the legal issues affecting your claim, and pursue the compensation you may be entitled to recover.
Call Burke, Schultz, Harman & Burke today for a free consultation to discuss your injury and learn more about your legal options.