Key Terms Every Claimant Should Know About Personal Injury Cases

23 April 2015
 Categories: Law, Blog


Even though you may wish to stay out of legal matters, you never know when you could be injured by someone else and be left with not just an injury, but huge medical bills, lost wages, or other damages. From auto accidents to slips and trips at a place of business, the potential for injury is hiding around every corner just waiting for you to step up to the plate. If you find yourself inadvertently involved with a personal injury and a personal injury lawyer, there are several key terms you will want to know.

Alternative Dispute Resolution - It is a common misconception that most personal injury claims will end in court. However, most lawyers will do as much as possible to find a resolution before going before a judge. This may involve meetings, such as mediation, where the two parties involved meet with a lawyer to try and come to an agreement or settlement in the case. The means by which resolution will be found before court will often be deemed alternative dispute resolution.

Personal Injury Mediation - This is a meeting arranged at a specific location between you and the person or parties you file against. The lawyers will be present and will do the majority of communicating, which will be led by a mediator. The purpose of this meeting is to try and reach a settlement out of court.

Assumption of Risk - In the event that the responsible party tries to blame you for your own injury, one of the defenses that may be raised is called assumption of risk. This means that you knew something was risky before you did it, and therefore, you basically are at fault for your own predicament. This is often used in work-related cases when employees are injured while disregarding safety guidelines.

Bad Faith - Bad faith means dishonesty in a transaction. For example, if a business owner tells you that they will pay your medical bills after you are injured on their property and never does, this could be considered an arrangement made in bad faith.

Comparative Negligence - Not all personal injury claims are completely black and white with all the guilt placed on the defendant in the case. In some scenarios, the plaintiff does have some ownership in the injury. The degree to which you are at fault for the situation is often referred to as comparative negligence.

Being knowledgeable about the language associated with your personal injury claim will help you feel a lot better about the process. Talk to your personal injury lawyer openly and discuss any terms that are used that you do not understand in the case. For more information contact a local law firm like LeBaron & Jensen, P.C.