Personal injury law in the United States covers a wide variety of accidents, including car accidents, workplace accidents, slip and fall accidents, and medical malpractice. It is important to be aware of how personal injury law works so that you know your rights as a citizen.
It is important to hire a personal injury lawyer if you ever find yourself in an accident, as they can provide the expertise you need to handle such cases.
This article will go over 8 terms that are often used in personal injury law.
1. Liability
Liability is the responsibility a person has for the harm they cause to others. A person or an organization can be held responsible for an accident. Those responsible can be punished with fines, jail terms, criminal records, and/or suspended licenses, depending on the severity of their crimes.
There are several types of liability under personal injury law, including:
- Vicarious liability
- Joint and several liability
- Strict liability
2. Negligence
Negligence refers to a person’s (or organization’s) careless actions that led to an accident. This is a key concept in personal injury law, as this must be proved for a claim to be valid.
An example of a negligent act would be a driver texting on the road, which could lead to an accident. Such an act is considered negligent because the driver is expected to stay alert on the road, and being distracted could lead to injury or death.
3. Duty of Care
Duty of care is a legal term that means people have a responsibility to act in a cautious manner so as to avoid accidents or damage of any kind. Examples of duty of care include:
- A doctor’s duty of care is to provide the right medical assistance to their patients
- A driver’s duty of care is to drive carefully on the road
- A business’s duty of care is to have safe operating premises for its customers
4. Punitive Damages
Punitive damages are a type of damage that is awarded in personal injury claims. It’s mainly used to punish the defendant if their actions were extremely negligent or reckless. These damages are typically awarded in cases where the damage was extensive. Punitive damages are also rarely awarded by the court.
5. Statute of Limitations
The statute of limitations refers to a deadline to file a legal petition, in this case, a personal injury claim. Every state and jurisdiction has its own statute of limitations, and this can vary based on the specifics of the case. If a personal injury claim is not filed within this specified time limit, it will not be considered valid in court.
6. Insurance Bad Faith
A commonly used term in personal injury law is insurance bad faith. When an insurance company fails to pay its policyholders for unfair reasons or if they deny a claim, it is referred to as bad faith.
In most cases, the damages that occur in personal injury claims are often paid by insurance companies, whether it’s that of the plaintiff or the defendant. If these companies refuse to pay, delay payment, or underpay clients, they can be sued for bad faith.
7. Pain and Suffering
Pain and suffering refers to the emotional trauma or any other distress that an accident victim goes through. This type of injury or pain can be compensated by law. Pain and suffering do not include things like medical bills or lost wages, which are typically covered under economic damages.
8. Vicarious Liability
Vicarious liability is a concept in personal injury law that everyone should be aware of. This holds people accountable for the actions of another person if it leads to an accident or injury.
For example, if you lend your car to a friend, and they cause an accident down the road, you, as the car owner, can be held liable for the accident under personal injury law. This also applies to employers whose employees act in a negligent manner, like truck drivers of trucking companies.
Conclusion
Personal injury law is a vast topic and covers many types of accidents. It is important for victims of such accidents to seek legal assistance, as these cases can be complicated to deal with on their own.
It is also important for people to understand the basics of personal injury law so that they are not cheated out of their rightful compensation. Hopefully, this article has made a few terms in personal injury law clear.
