7 Important Terms in Personal Injury Claim You Should Know
Author : Zane Norman | Published On : 19 Aug 2021
If you have been injured and you would like to file a personal injury lawsuit, it can be overwhelming to learn about the entire legal process associated with it. Newcomers would be struggling with all the terms and technical jargon too. Getting the assistance of a personal injury lawyer in Perth will be invaluable. Their knowledge and experience could help you in a great way. But before you begin, here are a few important terms that you should familiarise yourself with:
Basic terms in personal injury claims:
Plaintiff refers to a person, an organisation, or a group of people filing the lawsuit. If you are suing someone for the injuries caused, you are the plaintiff.
A person, a group of people, or an organisation that is responsible for the injuries caused to you is the defendant in a lawsuit. Based on the type of case or complexity of the personal injury claim, there can be more than one defendant.
Negligence is a term that is commonly used in personal injury cases. To prove that the defendant was negligent, you should be able to show that they failed to exercise a duty of care. A personal injury lawyer in Perth explains that negligence can differ based on the type or nature of the case. In short, negligence usually involves the following:
-Defendant did not fulfill their duty
-Defendant caused damages to the plaintiff
This is the compensation that you expect to receive from the defendant. There are economic and non-economic damages. Economic damages include property damages, medical expenses, lost wages, and more. Non-economic damages include the pain and suffering a plaintiff endures due to the consequences. There’s also a third type of damages called Punitive Damages, which is applicable only in very specific cases.
5.Statute of Limitations:
This is the time limit within which a personal injury lawsuit must be filed. Different states will have different statute of limitations, therefore get in touch with the best personal injury lawyers in Perth and file a claim as soon as possible. Statute of limitations could usually be between 2 and 4 years from the time of the incident.
An expert witness is an individual who is considered a professional in their field. This includes lawyers, physicians, and more. To make your case stronger, a testimony from an expert witness would be necessary.
Settlement is the amount of money that will be given by the defendant’s insurance company, in order to compensate for the losses or damages incurred to the plaintiff. A personal injury attorney will do their best to negotiate with the insurer and present strong evidence to obtain the best settlement offer possible for the claim. If the defendant agrees to make a fair settlement, your claim won't go to the court.
Navigating a personal injury case is never easy. The process can be gruelling, which is why you should get the assistance of criminal injury lawyers in Perth. Get in touch with a law firm today.
The author is a skilled personal injury lawyer in Perth with an experience of more than 4 years. He regularly writes articles on personal injury law for several online publications. To know more, visit https://www.trewinnorman.com.au/