If you are working with a New Jersey personal injury lawyer for the first time, you may hear many terms that you have never heard before. Learning some of the most common terms used in the New Jersey personal injury process will help you communicate more effectively with your attorney.
Here is a list of several personal injury terms you should know:
Alternative Dispute Resolution (ADR)
The use of methods, such as mediation and arbitration, to resolve legal disputes without going to court. Arbitration and mediation are two types of ADR that involve the assistance of an impartial third-party to resolve the dispute.
Catastrophic Injuries
An injury with consequences that are serious, long-term, and life-altering, such as severe burns, amputations, loss of sight, loss of hearing, spinal cord injuries, traumatic brain injuries, and paralysis.
Damages
A sum of money awarded to the plaintiff in a personal injury lawsuit as compensation for injuries and losses caused by the defendant’s actions or inaction, such as medical expenses, lost wages, and compensation for pain and suffering.
Defendant
In a personal injury lawsuit, the defendant is the party responding to the complaint made by the plaintiff. In other words, the defendant in a personal injury lawsuit is the party being sued or called upon to make up for a civil wrong.
Insurance Claim
A formal request that is made to an insurance company to recover compensation for injuries or losses caused by an individual or entity that the insurance company insures. Filing an insurance claim with an auto insurance provider is usually the first step in a car accident case.
Medical Malpractice
In its most simple form, medical malpractice is an act of negligence committed by a medical professional in the course of medical treatment. This can be a doctor, nurse, psychiatrist, psychologist, or just about any other type of health care provider. In a medical malpractice action, the plaintiff sues a medical professional for injuries that were caused by the negligence of the medical professional during medical treatment.
Negligence
Conduct that falls below what a reasonable person would be expected to do so that they avoid causing harm to another person. Driving carelessly or recklessly is an act of negligence. Acts of negligence give rise to personal injury claims when they result in harm to persons or property.
Plaintiff
The plaintiff in a personal injury case is the party who has filed a civil complaint against the defendant for committing a civil wrong. In most personal injury cases, the plaintiff is suing the defendant to be compensated for injuries or losses suffered as a result of the defendant’s actions or inactions.
Personal Injury
Physical, emotional, or financial harm that a person suffers as a result of someone else’s negligence or recklessness.
Premises Liability
The branch of law governing who is liable for injuries and losses suffered by a person while visiting property owned or controlled by another person. Premises liability claims, also referred to as Slip & Fall claims, are often the result of swimming pool accidents, playground accidents, construction site accidents, and slick or slippery surfaces in public or private spaces.
Product Liability
The branch of law governing who is liable for injuries and losses caused by a defective product, and what sellers of products must disclose or do in compliance with the law. In a product liability case, you are simply claiming that the manufacturer or distributor of a product should be held liable to you for injuries and losses because a product was defective and caused you to be injured.
Soft Tissue Injuries
Injuries to the muscles, tendons, or ligaments of the body, commonly referred to as sprains and strains. Whiplash, neck strains, and back pain are very common examples of soft tissue injuries. Recovering fair compensation for a soft tissue injury can be particularly difficult. This is because a broken bone or lost limb can be much more clearly and easily linked to an accident than lower back pain, which doesn’t show up on an X-ray— even when there is real, serious damage.
Statute of Limitations
The fixed time limit within which a personal injury claim or lawsuit must be filed, and beyond which it will be forever barred.
Wrongful Death
Wrongful death is a death caused by someone else’s negligence or recklessness. A wrongful death case is a basically a personal injury lawsuit that is usually brought by the deceased person’s survivors or the executor or administrator of his or her estate. This person pursues the lawsuit as if he or she were the plaintiff.
Contact an Experienced New Jersey Personal Injury lawyer
If you have been injured in an accident in New Jersey, you may be entitled to recover compensation for your medical bills, lost wages, pain and suffering, and more. To learn more, contact a knowledgeable and experienced New Jersey personal injury attorney for a free consultation.