The general public knows that if someone else's negligence leads to an injury, they have the right to compensation through a personal injury lawsuit. People may even know specific state laws, such as the time limit to file a New Jersey personal injury claim. However, there is a lot of legal jargon surrounding personal injury that most might not understand. With that said, we have compiled an overview of the most common legal terms and definitions so that you have a general understanding of NJ personal injury claims.
When someone else's wrongful actions cause injury, you may be entitled to seek compensation under personal injury law. Victims typically seek financial compensation for losses related to their injuries. However, in a personal injury lawsuit, you must prove negligence on the other party.
Continue reading for further info on personal injury terms. It's important to consult a NJ personal injury attorney if you were injured and need to discuss your case. Every case is unique and an experienced attorney can explain your options.
Brandon J. Broderick, Attorney at Law has decades of combined experience in NJ personal injury cases. We can help you obtain a successful resolution in your case.
Common Legal Terms To Know In NJ Personal Injury Cases
Every personal injury case is unique and the specifics of the case will impact the outcome and compensation of your claim. There are a number of legal terms that are used very often. If you do not understand the terms, you may be confused about your case.
The following are common terms used the most often:
- Plaintiff: The party that has filed the lawsuit and is seeking compensation is known as the plaintiff.
- Defendant: The party that the plaintiff is suing is known as the defendant. They are also accused of causing the plaintiff's injuries.
- Damages: This is the economic losses the plaintiff is recovering in the personal injury claim. Damages can include property, medical expenses, lost income, and pain and suffering.
- Statute of limitations: The time limit within which a victim must file a legal action is known as the statute of limitations.
- Negligence: This occurs when an individual is obligated to use reasonable care but does not. This behavior is referred to as negligence and must be proven to win a personal injury lawsuit.
- Assumption of Risk: It is assumed that certain actions have an inherent degree of danger. It is possible that courts will hold you liable to some degree for a negligent action if you knowingly and intentionally participated.
- Contributory Negligence: The victim's degree of liability for the accident's cause is defined as contributory negligence.
- Premises Liability: The owner of a property is typically held liable for any injuries sustained by a victim while on the property. These types of cases are called premises liability.
- At-Fault Party: The term describes the person or organization responsible for your injuries. In most personal injury lawsuits, the defendant is the one who is deemed at-fault, and considered the at-fault party.
- Product Liability: The term describes the duty those involved in the product's design, manufacturing, distribution, and sale have to ensure that their product is free from defects or hazards that could cause injury to the consumer or user. Consumer goods, pharmaceuticals, medical devices, and any item used by or on behalf of consumers can be subject to product liability claims.
- Wrongful Death: When another party's negligence causes someone's death, this is known as a wrongful death. Accidents involving motor vehicles, medical malpractice, workplace injuries, slip and falls, or faulty products are among types of accidents that could lead to wrongful death claims.
Discuss Your Personal Injury Case Today With Brandon J. Broderick, Attorney at Law
As we pursue compensation for a personal injury case, you may hear or read many or all of these legal terms. We are happy to explain everything to you. It's important to get the right legal help in any accident where you have suffered injury, the personal injury attorneys at Brandon J. Broderick are here to do just that.
Contact us now to schedule a consultation. We are ready to assist you.