Dealing with a personal injury claim can seem overwhelming when you do not understand the terms used by the insurance company, courts, and attorneys. Our North Dakota personal injury lawyers define essential legal terms in a personal injury claim. Knowing these terms can assist you as you communicate with your lawyer and make decisions about your personal injury case.
Personal Injury Terms Commonly Used in North Dakota Personal Injury Cases
Common terms you will hear when discussing your personal injury case include:
- Plaintiff – The injured party in a personal injury lawsuit is the plaintiff. Until a lawsuit is filed, the party is called the “injured party.”
- Defendant – The party being sued in a personal injury lawsuit is the defendant. Until a lawsuit is filed, the party may be called the at-fault party.
- Personal Injury Claim – A personal injury refers to any harm to a person’s emotions, body, or reputation. A claim is a set of facts that give an injured party a legally enforceable right in court.
- Insurance Claim – Most personal injury cases begin as insurance claims. The liability insurance company for the at-fault party reviews the claim to determine if the insured party is liable for damages. If so, the company may negotiate a settlement with the injured party.
- Personal Injury Lawsuit – A legal action filed with the court. Personal injury lawsuits are civil matters.
- Liability – A party is legally responsible for another party’s damages, injuries, harm, and losses.
- Jury Verdict – The jury’s decision in a personal injury case.
Some terms require more than a simple one or two-sentence definition to explain how the term relates to a claim. Other terms that you are likely to hear when pursuing a personal injury claim in North Dakota include:
Discovery
Discovery is a phase during a personal injury lawsuit. The parties exchange information, documents, and evidence. The parties may collect evidence from experts and other parties during discovery.
Preponderance of the Evidence
The level of proof a plaintiff must meet for a personal injury lawsuit. It means there is more than a 50% chance that the evidence presented by the plaintiff is true and proves the defendant is responsible for damages.
Settlement Agreement
An agreement between the parties to end the personal injury claim. The agreement is enforceable in court. Because settlement agreements waive your right to further claims, seeking legal advice before signing any documents is best.
Negligence
Negligence is the ground for most personal injury claims. It is a failure to use reasonable care. The plaintiff must prove duty of care, breach of duty, causation, and damage to prove liability for negligence. The breach of duty is based on what a reasonable person (i.e., a hypothetical person) would do in similar circumstances.
Damages
Compensatory damages compensate an injured party for economic damages (i.e., expenses and monetary losses) and non-economic damages (i.e., pain and suffering). Punitive damages “punish” an at-fault party for deliberate and intentional acts to cause the injured party harm.
Contingency Fees
A contingency fee is an attorney’s fee based on a percentage of the recovery in a personal injury case. The attorney does not receive any money for their attorneys’ fees until and unless they win the case. Contingency fees average about 33% of the recovery, but they could differ depending on the factors of the case.
Comparative Fault
North Dakota uses comparative fault to assign damages in a personal injury case when multiple parties are at fault. If the injured party is more than 50% to blame for causing their injuries, they cannot recover damages. They can receive damages if their share of the fault is below 50 percent. However, the court reduces the damage by their level of blame.
Statute of Limitations
The deadline for filing a personal injury lawsuit. The court can dismiss lawsuits filed after the deadline without hearing the case. The deadlines vary depending on the type of case and other factors, so it is wise to speak with an attorney as soon as possible.
Schedule a Consultation With Our North Dakota Personal Injury Attorneys to Discuss Your Case
Did another party injure you or your family members? If so, you may be entitled to compensation for your damages. Contact Pringle & Herigstad, P.C. to schedule a case evaluation with an experienced personal injury lawyer in Grand Forks and Minot, North Dakota.