It can be very complicated dealing with insurance companies and opposing parties when it comes to recovering compensation; but a seasoned personal injury attorney has the resources and knowledge to fight for the recompense their clients are rightfully owed. Because the process of filing a claim against a company or person is complex, it is imperative to have professional legal counsel in order to present an effective case. Below are several glossary terms that are related to tort law and lawsuits. Continue reading to learn common legal jargon used in a personal injury claim or case.
Important Legal Terms for Tort Law
Personal Injury – Injury to the body, mind, or emotional health.
Accident – An unexpected and often sudden event that causes harm to another person, reputation, or property, unintentionally.
Tort – A wrongful action that results in the injury or trauma of another person, their reputation, or their property.
Negligence – Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.
Pain and Suffering – Mental and/or physical distress experienced by a victim of a personal injury.
Recover – To receive compensation equivalent to the losses and damages incurred from a negligent accident that caused a personal injury.
Party – A participant in a lawsuit.
Plaintiff – The party of people bringing forth a lawsuit. Also referred to as a claimant.
Defendant – The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.
Lawyer – The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.
Judge – A pubic officer that is appointed to hear and decide legal cases in a court of law.
Jury – A small group of randomly selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.
Adjuster –An individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.
First Party Insurance – The claimant’s insurance company.
Third Party Insurance – The defendant’s insurance company.
Answer – The note filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.
Complaint – A formal expression of grievance filed in the appropriate court by the plaintiff.