Legal Jargon: 10 Terms You Should Know if Involved in a Car Accident Case
When you are involved in a car accident lawsuit, the terminology you may hear could confuse you. Some of the following terms may seem familiar, but you should still make sure you know exactly what the people in the court room are referring to before you assume that you understand. The following are 10 terms that you are likely to hear many times during your car accident case. If you are educated on the legal meaning of these words, you will be more prepared to contribute to your case.
- Damages
This term refers to the harm a person suffers and should be compensated for. There are two types: economic and noneconomic damages. Payment for medical expenses and lost wages are used to compensate for economic damages, and additional money given to the victim is used to compensate for intangible things like emotional turmoil, which is considered to be a noneconomic damage. A jury could also award punitive damages, which are used to punish the guilty party and make them pay for their actions. In order to get punitive damages, however, you must show a higher burden of proof, such as malicious intent or a wrongful death. - Discovery
Discovery is how the attorney for your case will get the evidence they will present at the trial. Written interrogations, requests for documents, and depositions are all forms of discovery. - Deposition
This is a form of discovery and usually occurs outside the courtroom. A person is called in to answer questions posed by an attorney while they are under oath, and their answers are documented by a court reporter. - Negligence
Negligence is a failure on the part of the defendant to act accordingly with how he is expected to behave by society. It is every citizen’s duty to act and react the same way any other reasonable person would act in a similar situation. - Personal Injury
This means any injury to your body, mind, or emotions. It is not an injury to property, such as your car or vehicle. - Proximate Cause
- Statute of Limitations
- Survival claim
This is a claim that a decedent would have had before his or her death. Certain family members can bring on this claim on behalf of the deceased party if they would like to recover any damages that ensued. - Tort
This term refers to any conduct that is considered to be negligent or wrongful and causes some form of injury. - Wrongful Death
This claim is filed when a person’s death is caused by the negligence of another. Family members can file a wrongful death suit in an attempt to be compensated for the damages suffered by the deceased as well as by them.
The primary cause of an injury is a proximate cause. In a car accident case, this would most likely mean the car accident itself, as the injury was a direct result from it. The proximate cause is also referred to as the legal cause as well as the cause at law
This term is the time limit a plaintiff has to file a lawsuit. The statute of limitations for car accidents is different in every state, so make sure you are aware of your state laws before you file suit. To learn about your state’s statute of limitations for car accident cases, visit our state pages which you will find below every page on our website.