Knowing The Terms Used In A Claim

If you or a loved one finds that they need to pursue a claim for personal injury due to someone else's negligence, knowing the terms that will be used in advance will prove to be significantly helpful.  Knowing the terms will allow you to better understand the process and the terminology that you may encounter.

Accident report: generally a report filed by the attending law enforcement official, typically containing various aspects of events surrounding a traffic accident.  There are also reports of this nature that exist for such personal injuries as medical errors or work-related injuries.

Arbitration:  one of several possible resolutions to a civil case. If a settlement is not agreed upon by the two parties involved, and the parties would prefer to keep from going to trial, then they have the option of undergoing arbitration.  With arbitration, an independent individual chosen by the courts will make the final, binding case resolution.

Attorney:  also referred to as a lawyer.  An attorney is an individual with a law degree that allows them to practice in a specified field of law – in this case, that of a personal injury attorney.

The burden of proof: a requirement that a party involved in a lawsuit that they must prove their case to be able to achieve their intended outcome.  In the case of a personal injury, all of the burden of proof is on the plaintiff who files the suit.  They must prove their case and that they were the recipient of personal harm due to the other party's negligence.

Personal Injury Claim: a legal action that allows the plaintiff to file for compensation from a named defendant.  The claim is a formal, legal allegation that the defendant has caused the filing party damages and that the plaintiff wishes to exercise their rights to compensation.

Compensation:  otherwise considered the awards of a legal case, compensation is the primary goal of almost all personal injury cases.  The compensation that is awarded to a plaintiff in a legal matter will typically correspond to the determined amount of damages.

Damages:  the monetary award that a plaintiff receives in a personal injury lawsuit.  Damages are used to replace any losses incurred by the plaintiff and will reflect the harm that the court feels the plaintiff has suffered.

Judgment:  the final decision issued by either an arbitrator or a judge in a personal injury lawsuit.

Liability:  the responsibility that is placed on one party, usually the defendant, for another parties injuries and damages, usually the plaintiff in a legal case.  If the judge determines that a defendant is held liable for the plaintiff's injuries, they will be required to compensate them for any injuries or damages sustained.

Negligence:  the negligence or the deeming of the defendents failure to act that results in harm to the other party, usually the plaintiff, in a lawsuit.  The level of negligence is the guideline for determining the extent of liability in personal injury cases.

Plaintiff:  the individual in an injury case that has filed the legal suit, and typically is seeking some form of compensation as a result. Most generally, the plaintiff will file the suit claiming that the opposing party, the defendant, has caused or, through negligence, caused harm to them and is seeking compensation.

Settlement:  the resolution that has been agreed upon by both the plaintiff and the defendant to end a lawsuit.  The settlement usually occurs when each of the two parties has agreed on the amount of compensation that will be remanded over to the plaintiff.

Trial:  the official legal proceeding that may or may not include the presence of a jury.  The jury will be responsible for hearing the case's facts and then ruling on its outcome. The trial is the last-ditch resolution effort when a settlement or arbitration has not worked.

Wrongful death:  the official legal outcome when negligence is deemed to have caused either fatal injury or illness.  These types of cases are a specific form of legal action.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas.  Let David A. Bryant,Jr. help you get the appropriate medical treatment and compensation you deserve.

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