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Personal Injury Legal Terms Important to Your Case

Normally, personal injury lawyers employ phrases that their clients won’t struggle to understand. As such, during preliminary consultations, assess that your personal injury case lawyer converses with you in terms that ease to grasp. You need assurances that all your concerns regarding “what next” will attract clear lawyer responses.


In the context of a personal injury case, liability may be the outcome of being at-fault. Yet, in certain instances, liability need not come from fault, for example when a worker is suing their boss for workplace injury. Whatever the case, liability refers to responsibility for damages being claimed by a personal injury victim. It’s possible for personal injury liability to be shared among multiple parties, including the claimant. Generally speaking, the liable party must be identified so you can file your claims.

Contingency Basis

“Contingency” pricing is a term you’ll hear from your personal injury lawyer when they’re explain how you’ll pay them. Under a contingency fee arrangement, an injured plaintiff is able to access legal service while pursing compensation including when, at the commencement of the case, they can’t afford a lawyer. No initial fees are asked of the plaintiff, but nevertheless, they undertake to compensate their lawyer a portion of the payout they get when the case concludes favorably. Always ask your lawyer to state that this is the form of payment they’re asking of you.

What are Damages?

Damages are important to a personal injury case as is liability. Damages comprise the degree of injury the claimant has sustained, and are defined in monetary value. Thus, when your attorney talks about the damages you’re pursuing, they actually mean the amount money you’re asking to be paid. However, damages must be linked to a specific form of loss or injury associated with the defendant’s liability.

There are three broad forms of damages that a victim may qualify for: punitive, quantifiable, and non-quantifiable. Punitive damages are awarded to the victim as a form of deterrence against serious misconduct on the part of the accused. Injury damages that you can’t quantify are those whose intensity or size you also can’t easily represent using numbers. Perfect examples are physical and psychological anguish and inability to form relationships.

Nevertheless, it’s easy to calculate quantitative damages and describe their sheer size. They normally account for the largest part of the settlement money you’ll get. A good example is hospital bills for current and long-term treatment covering all outcomes of your specific injury case. All missed salaries while undergoing treatment, and any lost capacity to work and get paid later on can also be measured.

Choose a personal injury lawyer who can explain their language so that you know what you’re signing up for.

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