{"id":2338,"date":"2019-04-22T14:27:34","date_gmt":"2019-04-22T14:27:34","guid":{"rendered":"https:\/\/www.chblawfirm.com\/blog\/?p=2338"},"modified":"2019-04-22T14:27:34","modified_gmt":"2019-04-22T14:27:34","slug":"a-review-of-personal-injury-claim-terms-and-definitions","status":"publish","type":"post","link":"https:\/\/www.chblawfirm.com\/blog\/a-review-of-personal-injury-claim-terms-and-definitions\/","title":{"rendered":"A Review of Personal Injury Claim Terms and Definitions"},"content":{"rendered":"\n

If you are considering making a personal injury claim\nin Indiana, or have already begun the process, here are some important terms\nand definitions that will help you understand your case. If you have questions\nabout accident claims, contact a seasoned Indianapolis personal injury law firm\nfor trusted advice.<\/p>\n\n\n\n

\"Personal
Personal Injury Lawyers \n317-881-2700<\/figcaption><\/figure>\n\n\n\n

Adjuster:<\/h1>\n\n\n\n

The adjuster is a person that is employed or hired by\nan insurance company to possibly settle a personal injury claim. Their primary\nobjective is to avoid paying any sort of remuneration if possible, or pay out\nas little as possible. <\/p>\n\n\n\n

Civil Statute of Limitations:<\/h1>\n\n\n\n

In all cases of filing a civil claim against another\nperson or entity, there is a legal time limit to do so called a \u201cstatute of\nlimitations.\u201d In Indiana, you can find some details regarding civil statute of\nlimitations in Title 34, Article 11, Chapter 2 of the Indiana Code book.<\/p>\n\n\n\n

Claimant:<\/h1>\n\n\n\n

The claimant is the person filing the personal injury\nclaim. This can be one person, the victim, or the family of a victim. Once a\nclaim is filed in a court of law, the claimant become the plaintiff.<\/p>\n\n\n\n

First Party Insurance:<\/h1>\n\n\n\n

As we already know, the term \u201cparty\u201d refers to either\nthe plaintiff side or the defendant side. Well, first party is always the\nplaintiff side, in particular, their insurance company. A plaintiff might file\na claim with their insurance company for more money for damages or possibly an\nuninsured claim when the defendant does not have liability coverage. <\/p>\n\n\n\n

Gross Negligence Claims:<\/h1>\n\n\n\n

Recklessness can be colloquially-defined as\nunreasonable and\/or deliberate misconduct of a person. It is an act that upsets\nor alarms our society\u2019s morals.  <\/p>\n\n\n\n

Liability:<\/h1>\n\n\n\n

The term liability refers to one\u2019s obligation or\nresponsibility. For example, if a drunk driver causes another driver injury,\nthe drunk driver and\/or their insurance company is liable for the victim\u2019s\ndamages. They are the ones who will pay for the injured victim\u2019s claim.<\/p>\n\n\n\n

Malfeasance:<\/h1>\n\n\n\n

Malfeasance is an intentional illegal action or\nwrongdoing that causes another person harm.<\/p>\n\n\n\n

Misfeasance:<\/h1>\n\n\n\n

Misfeasance is a term used to describe a lawful act\nthat is improperly performed, either by negligence or intention, causing harm\nto another person. <\/p>\n\n\n\n

Negligence: <\/h1>\n\n\n\n

Almost every personal injury case is based on the\nlegal principle of negligence. Under this principle, if a person or company\u2019s\nnegligent actions causes another person harm, they can be held legally\nresponsible for the victim\u2019s damages and losses. <\/p>\n\n\n\n

Nonfeasance:<\/h1>\n\n\n\n

Nonfeasance is a term used to describe \u201ca deliberate\nor neglectful failure to act\u201d where action is required, that directly results\nin or allows another person to be harmed or injured. A person is liable or\nguilty of nonfeasance usually under three circumstances: 1) the person had a\nduty of care to the victim, 2) they failed to act on their duty of care, or 3) the\nact resulted in the victim\u2019s injuries. <\/p>\n\n\n\n

Party:<\/h1>\n\n\n\n

The term \u201cparty\u201d refers to either the defendant\u2019s side\nor the plaintiff\u2019s side.  <\/p>\n\n\n\n

Personal Injury:<\/h1>\n\n\n\n

A personal injury is any type of harm or damage done\nto a person either physically, mentally, or emotionally as a result of another\nperson or entity\u2019s negligence. Personal injuries take place when another person\nor entity (i.e. people, businesses, corporations, enterprises, companies,\norganizations, workplaces, etc.) demonstrates carelessness or negligence in a situation\nthat subsequently causes injury or damage to another person. <\/p>\n\n\n\n

PIP Insurance:<\/h1>\n\n\n\n

Personal injury protection insurance is a type of\nmedical payments coverage for drivers and passengers who are injured in a motor\nvehicle accident. Under this policy, all or a portion of medical expenses and\nhospital bills (driver and passengers) are paid for no matter who is to blame\nfor an auto accident. No-fault accident states require this type of insurance\ncoverage.<\/p>\n\n\n\n

Third Party Claim:<\/h1>\n\n\n\n

Different from third party insurance, a third party\nclaim is when a person files an additional claim against a separate entity\ninvolved in causing their injuries. For example, if a person is severely\nassaulted at work, they can possibly file a worker\u2019s compensation claim (first\nparty claim) with the company\u2019s insurance provider, and then they can file a\nthird party claim against the person who assaulted them at work. <\/p>\n\n\n\n

Third Party Insurance:<\/h1>\n\n\n\n

This is a defendant\u2019s insurance company. It is\ncommonly the insurance companies that pay out compensations or negotiates\nrecompense in personal injury cases. <\/p>\n\n\n\n

Tort:<\/h1>\n\n\n\n

Torts are civil wrong-doings, or immoral\nbehaviors and actions against civilians.<\/p>\n\n\n\n

Tortfeasor:<\/h1>\n\n\n\n

Also referred to as the \u201cAt-Fault Party\u201d, the tortfeasor is the actual person who was negligent and caused someone harm or damage. They can also be the defendant if they are the ones being sued. In the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor. <\/p>\n\n\n\n

Indiana Personal Injury Law Office:<\/strong><\/h2>\n\n\n\n

Call Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys<\/a> that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.<\/p>\n\n\n\n

\"Indianapolis
Indianapolis Personal Injury Lawyers \n317-881-2700<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

If you are considering making a personal injury claim in Indiana, or have already begun the process, here are some important terms and definitions that will help you understand your case. If you have questions about accident claims, contact a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1984,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[53],"tags":[246,1010,1014,174,199,1012],"class_list":["post-2338","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-personal-injury-claims","tag-personal-injury-definitions","tag-personal-injury-glossary","tag-personal-injury-lawyer-indianapolis","tag-personal-injury-terms","tag-personal-injury-vocabulary"],"_links":{"self":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/comments?post=2338"}],"version-history":[{"count":1,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2338\/revisions"}],"predecessor-version":[{"id":2339,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2338\/revisions\/2339"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media\/1984"}],"wp:attachment":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media?parent=2338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/categories?post=2338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/tags?post=2338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}