Accidents happen, and when they do, understanding the legal aspects and key legal terms involved in a personal injury claim gives you an advantage. After all, the ultimate goal is to regain your health and well-being as soon as possible and to ensure you receive the maximum compensation you deserve. At the Paul Powell Law Firm, we believe the “use of knowledge is power.” Use is the operative word here. What good is knowing something, if that knowledge is never used? Knowledge should always lead to meaningful action. The Paul Powell Law Firm acts on behalf of clients.
In this blog, we’ll guide you through 8 key terms essential to filing a personal injury claim. This knowledge will empower you to protect your rights and to pursue the compensation you need.
Personal Injury Legal Terms to Know
Causation
Causation is one of the foundational concepts in personal injury law. To establish a valid personal injury claim, you must prove causation, meaning that the defendant’s actions directly caused your injuries. In other words, you need to demonstrate a direct link between the defendant’s negligence or wrongful actions and your injuries.
To establish causation, your attorney will gather evidence, such as filed reports from police, employees, eyewitnesses, and first responders. They will get medical records and expert opinions to demonstrate that the defendant’s actions were the proximate cause of your injuries. They might even have to employ private investigators or solicit specialists to prove your position. Proving causation is vital because it forms the basis of your claim and allows you to seek compensation for damages.
Negligence
Negligence is a central legal concept in personal injury cases. It refers to the failure of an individual or entity to act in a reasonably prudent manner, resulting in harm to another person. To establish negligence, four elements must be proven:
- Duty: The defendant owed a duty of care to the injured party.
- Breach of duty: The defendant failed to meet standards of care expected in the given situation.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual harm or losses as a result.
Understanding these 4 elements can be important, as negligence is often the foundation upon which personal injury claims are built. A skilled attorney helps you prove that the defendant’s negligence was the cause of your injuries and that they should be held liable for your damages.
Economic Damages
Economic damages, sometimes referred to as special damages, are tangible losses resulting from an injury. These damages are typically easier to quantify because they have a direct monetary value. Economic damages include medical expenses, property damage, lost wages, and any other financial losses that can be directly attributed to the injury.
In a personal injury claim, it’s crucial to thoroughly document your economic damages. Attorneys will help you gather evidence, such as medical bills, pay stubs, and repair estimates to ensure that you receive fair compensation.
Non-Economic Damages
Non-economic damages, also known as general damages, are intangible losses that a victim may experience due to injuries. These damages are often challenging to quantify because they involve subjective factors like pain, suffering, emotional distress, disruption of life plans, and loss of enjoyment of life.
While assigning a specific dollar amount to non-economic damages is difficult, these damages can be essential parts of any personal injury claim. Experienced attorneys work to build a compelling case that reflects the full scope of non-economic damages to help people secure the compensation they deserve.
Statute of Limitations
The statute of limitations determines the time frame within which a personal injury claim may be filed. Each state has its own statutes of limitations, and they sometimes vary depending on the type of injury and the legal theories involved. Failing to file your claim within the specified time frame can result in the loss of your right to seek compensation.
In the State of Nevada the statute of limitations in which to file a personal injury lawsuit is within 2 years of the date of occurrence.
The Paul Powell Law Firm advises clients to act promptly. So, always consult an attorney just as soon as possible after an incident to ensure that your claim is filed within the appropriate time limit. Failing to meet deadlines thwarts legal options.
Maximum Medical Improvement
Maximum Medical Improvement (MMI) is a critical concept in personal injury cases, particularly those involving serious injuries. It refers to the point at which a victim’s medical condition has stabilized and further treatment is unlikely to result in significant improvement. At this stage, medical professionals have assessed the long-term impact of your injuries.
Understanding MMI is essential because it comes into play when calculating damages for a claim. Your attorney will work closely with your medical providers to assess your long-term medical needs, ensuring that your claim accurately reflects your future medical expenses, lost earning capacity, and ongoing pain and suffering.
Settlement
A settlement is the resolution of a personal injury claim before it goes to trial. In a settlement, both parties agree on a specific amount of compensation to be paid by the defendant to the injured party in exchange for the injured party releasing the defendant from further liability. A key point here: be sure a date is agreed to that stipulates by when the payment is be received.
Settlements can be beneficial for both parties. That’s why most personal injury cases get settled. It saves time and legal expenses associated with a trial, not to mention ongoing stress. However, it’s crucial to ensure that any settlement offered is fair and sufficient to cover all of your damages, now and ongoing. At the Paul Powell Law Firm, our experienced attorneys negotiate on your behalf to secure the best possible settlement, or if necessary, we are seldom adverse to take your case to court to pursue a fair judgement.
Contingency Fee
A contingency fee is a unique arrangement offered by personal injury attorneys. Instead of charging an upfront fee, most personal injury attorneys work on a contingency fee basis. This means that the attorneys’ fees are contingent on the successful outcome of cases. If cases are not won, attorney fees are not paid. When they are won, or settled, attorneys are paid pre-agreed percentages of the awards.
Contingency fees make legal representation accessible for individuals who may not have the financial means to pay hourly rates or retainers. They also align attorneys’ interests with those of the clients, as all parties are motivated to secure the best possible outcomes.
Empower Yourself with Key Personal Injury Terms
Understanding these eight key terms – causation, negligence, economic damages, non-economic damages, statute of limitations, maximum medical improvement, settlement, and contingency fee – is crucial when navigating the complex world of personal injury claims. Armed with this knowledge, you will enjoy seeing it used on your behalf by a qualified personal injury attorney in southern Nevada like those at the Paul Powell Law Firm. Confidently pursue the compensation you need to recover from your injuries and move forward with your life.
Quality Legal Representation with No Upfront Costs
At the Paul Powell Law Firm, we believe in providing quality legal representation without imposing financial burdens on clients. Our contingency fee structure ensures that we only get paid when you receive the compensation you deserve. And we never take more than you get. We put that in writing. Contact Paul Powell at 702.728-5500 or go to paulpowell.com Paul Powell. More Lawyer. Less Fee.