5 Terms Related to Personal Injury Law You Must Know About

Do you seek compensation or justice after an accident but don’t know the right terms to use during your claim? This guide will enlighten you on legal terminology.

It will help you navigate your personal injury process confidently and make informed decisions about the steps you need to take to pursue your claim. To get a fair settlement for your case, you need the expertise of a personal injury lawyer.

Knowing the terms mentioned in this article helps you understand your case better, makes you feel comfortable while moving forward with the case, and also enables you to communicate better with your personal injury lawyer.

The Basics of Personal Injury Law

Personal injury law entails the legal remedies in any civil lawsuit brought by wrongful conduct. It revolves around the principle that if an individual causes harm to another, they should be held responsible and pay fair compensation for the injuries and damages sustained.

5 Terminologies Related to Personal Injury Law

Here are five terms you’ll likely encounter in any personal injury case.

1.     Negligence

This term refers to the failure of a party to meet an average level of care the law requires to protect others from danger or harm.

To prove the act of negligence, the affected individual must show that the offender had a legal duty to observe a level of care and that the duty was violated, causing damages to the victim.

2.     Liability

This refers to the party who is responsible for the accident. A person (or their insurance company) who is held liable will be responsible for paying the losses and damages sustained by the victim. Liability is determined by proving the four elements of negligence, which include:

1. The Duty of Care
2. The Breach of Duty of Care
3. Causation
4. Damages

There might be multiple liable parties based on the circumstances of the accident.

3.     Arbitration

It’s a process of resolution that usually takes place outside of court. In arbitration, the arbitrator, i.e., the neutral third party, hears both sides and renders a fair decision. This decision is often enforced through court orders.

Arbitration can be binding or non-binding. If non-binding, either party can reject the arbitrator’s decision and go to trial.

In contrast, in binding, both parties can agree to accept the arbitrator’s decision as binding and final. It’s a term you should know if you want to evade going to trial.

4.     ADW (Average Daily Wage)

It’s a calculation of a wounded employee’s daily income. It’s often used to determine entitlement to wage loss profits that follow an injury.

For example, if an employee works irregular hours or has fluctuating income, calculating their ADW can provide a more accurate representation of their daily earnings. This is important because the amount of wage loss benefits they receive is typically based on their ADW.

In some cases, using ADW instead of AWW can result in a higher or lower benefit amount, depending on the individual’s specific circumstances.

5.   Compensation

In the context of personal injury law, compensation refers to the financial assistance or reimbursement received by an injured party from sources such as insurance companies, social programs, or employers. This compensation can cover lost wages, medical expenses, or other costs associated with the injury. Understanding what compensation is available is crucial for victims as they navigate their claims and seek to recover from their injuries.

Conclusion

Pursuing a personal injury case means you’ll encounter a lot of legal terminology, which can be challenging. While your PI lawyer will help you understand the jargon, having basic knowledge will help you understand and deal with the intricacies of a personal injury case.