Common Legal Terms
Click on each term for more information:
+ Comparative Negligence
We all have a duty to avoid harm to ourselves and to others. A percentage of fault is determined based on the facts of the incident. The amount of recovery for injuries and damages can be reduced by the percentage the injured person is found to be at fault.
+ Damages
Damages are the award for money the injured person seeks. There are different types of damages. Special damages include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs. General damages are more subjective both in nature and determination of value and include past pain and suffering, future pain and suffering, loss of ability to perform various acts (including work and hobbies), shortening of life span, mental anguish, loss of companionship, humiliation from scars, loss of anticipated business.
+ Emotional or Mental Distress
In addition to claims for broader "pain and suffering", emotional or mental distress claims can be made and compensated for when the injured person seeks the help of a qualified mental health professional for counseling or therapy.
+ Impaired Earning Capacity
If your income has been reduced because you were not able to return to the level of employment you were at prior to an injury, you may be eligible to receive compensation for impaired earning capacity.
+ Loss of Companionship
Personal injuries can impact your entire family. You may find you are unable to interact with your family in the way you did prior to when you were injured. Your family may be eligible for compensation as a result of their loss of your companionship.
+ Loss of Enjoyment of Life
Following an injury, you may find you are unable to continue with activities you were once involved in, including sports and hobbies, and you may be eligible to receive compensation for loss of enjoyment of life.
+ Lost Income or Wages
If, as a result of an injury, you were unable to work due to restrictions placed on you by your medical provider or due to having attend medical appointments, you may be eligible to receive compensation for lost income.
+ Mitigating Damages
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 to avoid making an injury worse by either inaction or improper actions.
+ Negligence
The failure to exercise the necessary care needed to avoid injury to another person.
+ Notice of Claim
A Notice of Claim is a formal document that must be filed with a governmental entity within 120 days after an injury, if it is felt the injury was caused, in whole or in part, by the negligence of a governmental agency or employee.
+ Out-of-Pocket-Expenses
You are eligible to be reimbursed for out of pocket expenses that result from your injuries. These out-of-pocket expenses include co-pays, prescription costs, and mileage.
+ Pain and Suffering
Pain and Suffering is a form of General Damages that relate to how the physical, financial, and emotional stresses have impacted your life.