Personal Injury Legal Terms Important to Your Case
Personal injury attorneys like to use simple language when communicating to their clients. As such, during preliminary consultations, assess that your personal injury case lawyer converses with you in terms that ease to grasp. You need assurances that all your concerns regarding “what next” will attract clear lawyer responses.
Againststhe backdrop of a personal injury scenario, liability could originate from being at-fault. Yet, in certain instances, liability need not come from fault, for example when a worker is suing their boss for workplace injury. Whatever the case, liability refers to responsibility for damages being claimed by a personal injury victim. Several parties may be held liable for personal injury, including yourself. All in all, liability must be established before anyone can file a claim.
“Contingency fee basis” is part of the response you’ll get from your personal injury attorney concerning what they charge for their service. With the contingency pricing model, an injured claimant seeking legal remedy may get represented by an attorney especially when they lack the financial muscle to pay them at the outset of the case. No initial fees are asked of the plaintiff, but nevertheless, they undertake to compensate their lawyer a portion of the payout they get when the case concludes favorably. Insist on this kind of payment plan from your attorney all the time you’re engaging them.
What are Damages?
To hold water, an injury case needs damages as much as liability. Damages are expressed in financial terms, and they mean the amount of suffering incurred by the plaintiff. Thus, when your attorney talks about the damages you’re pursuing, they actually mean the amount money you’re asking to be paid. Yet, damages have ties to a certain kind of loss or injury related to the defendant’s legal responsibility.
Generally, damages that the claimant may receive fall into three categories: measurable, non-measurable, and punitive. A victim receives punitive damages as a way to discourage the defendant from committing similar gross misconduct in future. Injury damages that you can’t quantify are those whose intensity or size you also can’t easily represent using numbers. Perfect examples are physical and psychological anguish and inability to form relationships.
However, quantifiable damages are easy to work out and define their enormity. Such awards comprise the highest percentage of the total compensation figure you’re paid. A good example is hospital bills for current and long-term treatment covering all outcomes of your specific injury case. All missed salaries while undergoing treatment, and any lost capacity to work and get paid later on can also be measured.
Retain a personal injury attorney that’s clear in their vocabulary to help you make informed choices going forward.