When you’re injured in an accident and going through the claims process
whether you’re required to file a lawsuit to pursue the case or you’re able to obtain a favorable settlement without a lawsuit – you’ll likely encounter terms and concepts that you may not have heard or been exposed to before. It’s important that you understand these terms and concepts because they can play an important role in the outcome of your case. Here are a few terms and concepts you might encounter along the way:
Liability
Legal responsibility for one’s acts or omissions; failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages – such as causing injury to someone in an accident
Statute of Limitations
The time within which a lawsuit must be filed, which can vary, depending on the type of civil case or personal injury
Damage Caps
Limitations placed on the amount of damages allowed in certain types of cases. In Wisconsin, these are established by statute. Examples of situations where damage caps apply in Wisconsin are wrongful death claims, claims against municipalities, claims against fire departments, punitive damages, etc.
Statutory Immunity
Protections from liability claims established by Wisconsin statute for certain businesses, activities, and governments (state and local municipalities). These statutes might limit the amount of damages allowed against a party or prevent them from facing liability all together.
Plaintiff
The person or entity that files a civil lawsuit.
Defendant
The person or entity (can be more than one involved in a personal injury case) against whom the plaintiff brings a lawsuit; this would be the party or parties that the Plaintiff alleges is at-fault for causing an accident, condition, or injury
Negligence
Failure to exercise the degree of care toward others which a reasonable person would do in the circumstances or taking action which such a reasonable person would not in the same or similar circumstances. In many personal injury cases, the claim asserted against the at-fault party is one of negligence.
Contributory Negligence
In personal injury cases, this most often refers to some amount of fault an injured party has for causing an accident or injury. For example, failing to wear a seatbelt at the time of a car accident or crossing the road outside of a crosswalk for a pedestrian accident.
Causal Negligence
In personal injury cases, in addition to establishing that a party was negligent, an injured party must also be able to show that the negligence alleged was a cause of the accident and/or injury in order to recover damages from that party. For example, in a motor vehicle accident, a driver who knowingly drives a vehicle with a broken tail light might be negligent, but that negligence would not be causal in an accident where the driver of a second vehicle fails to stop at a stop sign and strikes the front driver’s side of the first vehicle.
Subrogation
Assuming the rights of a person for whom expenses or a debt has been paid. In the context of a personal injury case, subrogation most often comes up with respect to health insurance or medical payments coverage – while health insurance or medical payments coverage on your auto or homeowner’s insurance policy might pay medical bills incurred as a result of an accident during the pendency of a personal injury case, they will have the right to get that money back from the at-fault party (or their insurance company, through the injury settlement). Importantly, this right to reimbursement may even allow the health insurer to obtain their money back in full before the injured party receives any settlement money.
Mitigation
In personal injury cases, this most often comes up in relation to damages (i.e. mitigation of damages) and means the requirement that someone injured by another’s negligence must take reasonable steps to reduce the damages, injury, or cost, and to prevent them from getting worse. For example, obtaining prompt medical treatment for injuries and following the recommendations of treatment providers to mitigate the severity of injuries and length of treatment.
Damages
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.
Compensatory Damages
Money that a defendant pays to a plaintiff for loss or injury; common categories of compensatory damages in a personal injury case are past and future medical bills; past and future wage loss or loss of earning capacity; pain, suffering, disability, and/or disfigurement; and loss of consortium
Punitive Damages
Money that a defendant pays to a plaintiff that is meant to punish the defendant and deter future misconduct
Loss of Consortium
The loss or impairment of the intangible benefits of a relationship, most commonly a marital relationship. This includes emotional benefits a spouse may provide (such as companionship, comfort, affection, and love) and physical benefits a spouse may provide such as services (housework, cleaning, outdoor chores), shared activities (going on walks or vacations together), and sexual relationships. In a personal injury case where one spouse is injured, the uninjured spouse can assert a derivative claim in the case, based on their losses caused by the injuries suffered by their spouse caused by the fault of another
Policy Limits
The maximum amount of money available on an insurance policy to compensate for injury or damage claims
Reducing Clause
Typically contained in an auto insurance policy and specify that any amounts recovered from other insurance offset the available limits for underinsured motorist claims. For example, if you receive the policy limits for the at-fault driver of $25,000 and your underinsured motorist coverage limit is $100,000, the reducing clause means you would have the ability to collect an additional $75,000 maximum in compensation for your underinsured motorist claim.
Covered Loss
An injury, death, property loss or legal liability for which an insurance company will pay benefits under the terms of an insurance policy
Policy Exclusion
A provision within an insurance policy that eliminates coverage for certain events, acts, situations, property, types of damages, or location. For example, a personal auto insurance policy may exclude coverage for damages caused by a driver if they’re using their vehicle for employment or business purposes and do not have an employment or business endorsement on the policy.
Lawsuit
A legal action filed in a court in which one or more plaintiffs allege that a defendant’s (or defendants’) unlawful actions have harmed them
Litigation
A case, controversy, or lawsuit; the term litigation can be used to refer to anything that happens in a personal injury case from the moment a lawsuit is filed with the Court through a jury verdict – and can extend through a final appeal, in some cases
Burden of Proof
The duty to prove disputed facts. In civil cases (like a personal injury case), a plaintiff generally has the burden of proving their case
Discovery
The process by which lawyers learn about their opponent’s case in preparation for trial. Typical tools of discovery include depositions, interrogatories (written questions), requests for admissions, and requests for documents. All of these devices help a lawyer learn the relevant facts and collect and examine any relevant documents or other materials
Deposition
An oral statement made before an officer authorized by law to administer oaths (most commonly a court reporter) taken to examine fact or expert witnesses, obtain discovery, or for use at trial
If you’re injured in an accident, it’s overwhelming to navigate the complexities of insurance companies and the claim process, while you’re also undergoing medical treatment for your injuries. Turke & Steil’s injury lawyers offer dedicated, compassionate, and skilled representation to fight for our injured clients to win maximum compensation for their cases.
Talk to Turke and your injury case is handled!
Sources: uscourts.gov; dictionary.law.com, law.cornell.edu, answerfinancial.com