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If you were hurt in an accident that was someone else’s fault, you deserve compensation. But you might not know what to do next or where to turn. The Texas personal injury lawyers at McKinney Vos are here to help.
First, seek medical attention and focus on your health; then contact McKinney Vos. We will explain everything, including the personal injury terms you’ll come across and how to protect your rights. We can help you obtain the compensation you and your family deserve.
When seeking compensation after an accident, you will quickly learn that lawyers and insurance adjusters use personal injury terms you may not be familiar with. Some of these words come from historical definitions that have evolved over centuries of use in court. Others have developed more recently within the context of personal injury practice.
Obtaining full and fair compensation after a personal injury can be difficult, and it may be a complex process to get there. We recommend meeting with the experienced personal injury lawyers at McKinney Vos to maximize your best return after your case. We will explain your rights and fight for the compensation you deserve. In order to better understand your claim, we have prepared this glossary of personal injury terms.
Accident report - a document prepared by a police officer that describes what happened in a car accident.
Answer - the formal response filed by a defendant in a legal case in response to the plaintiff’s complaint.
Appeal - a formal legal process that allows a party to seek review to determine if there is a legal reason a court’s decision should be overturned.
Arbitration - a type of alternative dispute resolution in which each side presents a summary of their case to an impartial third party, who makes a decision.
Assumption of risk - when a person is made aware of the potential dangers of an activity and agrees not to sue for damages if they are injured.
Bench trial - a trial in which a judge decides the case without a jury.
Bodily injury - physical damages to another person caused by someone else’s negligence or intentional act.
Breach of duty - when someone fails to act within a certain standard of responsibility, such as when a person fails to use the level of care that a reasonable person would use in similar circumstances.
Burden of proof - what someone who brings a legal case must prove; see, preponderance of the evidence.
Claim - a formal request submitted to an insurance company requesting coverage and payment for damages or injuries.
Claims adjuster - someone employed by an insurance company to investigate and oversee resolution of a claim.
Complaint - a formal document filed with the court to initiate a lawsuit.
Comparative negligence - a legal defense used to reduce a defendant’s share of liability by claiming the plaintiff was partially responsible for causing their own injuries.
Compensation - money paid to a plaintiff for injuries caused by a defendant in a civil case.
Contingency fee - a fee structure where a lawyer is only paid a fee after they obtain compensation for a client.
Damages - money paid to an injured person as compensation for a loss or injury.
Damages (non-economic) - money paid to a plaintiff that is not calculated with reference to written evidence or mathematical calculation; examples include pain and suffering, mental anguish, and physical impairment.
Damages (compensatory) - money paid to a plaintiff for monetary losses incurred due to an injury, such as payment for medical and hospital bills, lost wages, emotional distress, physical therapy, and pain and suffering.
Damages (punitive) - money paid by a defendant to punish them for wrong-doing; awarded in addition to compensatory damages.
Defendant - the person in a civil lawsuit who is accused of wrong-doing.
Deposition - a statement made by a witness under oath that is taken during discovery that can later be used at trial.
Discovery - the period before a trial when the lawyers gather information about the facts of a case.
Docket - the list of cases that are currently pending.
Duty - the obligation a person has to provide a certain standard of care; if a person breaches their duty, they can be found negligent.
Expert witness - someone with specialized knowledge about a subject who is allowed to express their opinion in a court case.
Fault - an act that causes injury to another person.
Hazard - an external condition that increases the likelihood of injury.
Hold harmless - a clause in a contract stating that a person is not liable for injuries caused to the person signing the contract.
Insured - a person protected by an insurance policy.
Interrogatories - a series of written questions issued by a lawyer during the discovery phase of a lawsuit that must be answered under oath.
Judgment - a court’s decision.
Jury trial - a trial decided by a jury, not a judge.
Lawsuit - a formal action filed by a plaintiff against a defendant seeking compensation for some wrongful conduct.
Letter of protection - a letter, often written by a lawyer, agreeing to pay the healthcare provider’s bill for treatment out of funds collected in a personal injury lawsuit.
Liability - a person’s legal responsibility to another person.
Litigation - referring to the process of taking legal action.
Litigant - a party to a lawsuit.
Loss - the value given to an injury or damage in a personal injury case.
Loss of consortium - damages paid to the family members of a deceased or injured person for the loss of love, society, and companionship enjoyed with a spouse or close family member.
Mediation - the informal process of having an impartial person (a mediator) facilitate a resolution of a dispute.
Medicare - federally funded health insurance provided to people 65 and older.
Medical payments coverage (Med-Pay) - the portion of an insurance policy that pays for a portion of medical expenses caused by an accident.
Motion - a document filed by a litigant asking that the court take a specific action.
Negligence - failure to use the degree of care necessary under the circumstances.
Out-of-pocket - money paid from a party’s private funds for expenses incurred because of their injuries.
Personal injury protection (PIP) - insurance coverage that covers medical expenses and lost wages caused by an automobile accident; required to be included in every insurance policy in Texas unless expressly rejected in writing; not to be confused with Med-Pay.
Plaintiff - the person filing a lawsuit to recover damages or other relief.
Pleading - documents filed with the court in a lawsuit.
Preponderance of evidence - the burden of proof that applies in most civil cases and requires that a plaintiff show “more likely than not” that a fact is true; the lowest standard of proof; compare with “beyond a reasonable doubt,” which is required in criminal cases.
Release - a document that waives or otherwise extinguishes a party’s right to bring a lawsuit; often the result of a settlement between the parties.
Requests for admission - a series of written questions issued during discovery that asks a party to admit or deny certain specific allegations.
Request for production of documents - a formal request issued during the discovery phase of a lawsuit that an opposing party turn over documents, data, or physical items.
Settlement - a binding agreement to resolve a lawsuit or claim.
Statute of limitations - the amount of time in which you must file a lawsuit.
Strict liability - when a defendant is liable for causing harm regardless of their intent or level of care.
Subrogation - inheriting the right to reimbursement caused by an injury or loss; when a health insurance company pays an injured person’s medical bills, they acquire the right to be reimbursed for medical expenses paid.
Tort - a legal wrong that results in injury or damage to another person or property.
Trial - the final phase of litigation in which the parties present their case to a judge or jury.
Uninsured motorist coverage - a type of insurance coverage that protects against damages caused by a driver who does not have insurance.
Underinsured motorist coverage - a type of insurance coverage that protects against damages caused by a driver who does not have enough insurance.
Verdict - the final decision made by a judge or jury in a court case.
Wrongful death - a civil liability claim seeking damages for causing the death of a person through negligence or an intentional act.
If you were hurt in an accident and someone else was at fault, McKinney Vos can help. Contact us today to schedule a free, confidential consultation to discuss your situation and clear the air on what personal injury terms you may see or hear in the near future. Being involved in a personal injury case can be daunting, we know. However, we are here to bring not only a light at the end of the tunnel but clarity and understanding to the situation right here and now. Give us a call today, we look forward to hearing from you to see how we can help.
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