Personal Injury Law in Plain English
Common Legal Terms
Click any term to learn what it means for your claim.
Personal injury law comes with a lot of jargon. Here are the terms you're most likely to encounter, explained plainly.
We all have a duty to avoid harm to ourselves and others. A percentage of fault is assigned based on the facts of the incident, and the injured person’s recovery can be reduced by the percentage of fault attributed to them.
The award of money the injured person seeks. Special damages include medical and hospital bills, ambulance charges, lost wages, and property repair or replacement costs. General damages are more subjective and include past and future pain and suffering, loss of the ability to perform work and hobbies, shortened life span, mental anguish, loss of companionship, humiliation from scars, and loss of anticipated business.
In addition to broader pain and suffering claims, emotional or mental distress can be compensated when the injured person seeks help from a qualified mental health professional for counseling or therapy.
If your income has been reduced because you couldn’t return to the level of employment you had before the injury, you may be eligible for compensation for impaired earning capacity.
Personal injuries can affect your whole family. If you’re unable to interact with your family the way you did before, your family may be eligible for compensation for the loss of your companionship.
If, after an injury, you can no longer continue with activities you once enjoyed, including sports and hobbies, you may be eligible for compensation for loss of enjoyment of life.
If an injury kept you from working, whether due to medical restrictions or the need to attend appointments, you may be eligible for compensation for lost income.
A person who has suffered an injury or loss must take reasonable action to avoid additional injury or loss. It is the injured person’s duty not to make an injury worse through inaction or improper action.
The failure to exercise the care necessary to avoid injuring another person.
A formal document that must be filed with a governmental entity within 120 days after an injury, when it’s believed the injury was caused, in whole or in part, by the negligence of a governmental agency or employee.
You’re eligible to be reimbursed for out-of-pocket expenses resulting from your injuries, including co-pays, prescription costs, and mileage.
A form of general damages relating to how the physical, financial, and emotional stresses of your injury have impacted your life.
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