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Say What? Personal Injury Legal Terms Explained

If you have been seriously injured through no fault of your own, you deserve compensation for your injuries. As you research and meet with attorneys to represent your case, you will likely hear the attorneys mention several legal terms that you may have heard on TV but didn’t know exactly what they were. While it’s always ok – and even advisable- to ask your attorney to clarify anything you don’t understand, following is a primer on some common legal expressions that you are likely to hear during your discussions:

Plaintiff: The plaintiff in a lawsuit is the person who has been wronged and brings the case against another party, called the defendant. In your lawsuit, you will be the plaintiff and the defendant is the person who you believe is responsible for your injuries.

Tort: unlike a torte, which is a type of cake, a legal tort (spelled without an e) is an act or omission that causes injury to others. The courts allow the person who was injured to seek compensation from the person or entity that caused the injury. Some common examples of torts include causing a car accident, selling a defective product, or having a tripping hazard in a store. Torts are part of civil law, so the defendant in a tort case could be found to be responsible for compensating the plaintiff for their injuries, however, they could not be sentenced to jail since tort law is separate from criminal law. Personal injury attorneys, like ECanter Lawyers, specialize in tort law.

Negligence: Negligence is the failure to behave in a manner that other people would in a similar circumstance and that failure causes another person to be injured. An example of negligence is someone running a red light instead of stopping at it, causing a car accident, and injuring the driver of the other car. To win a personal injury case, the plaintiff must prove that the defendant engaged in negligent behavior, this behavior caused the plaintiff to become injured, and these injuries have caused the plaintiff to suffer physical and/or mental conditions that negatively impact their life.

Liability: Liability is the act of holding a person or entity responsible for their actions or inaction. If the court determines that a defendant is liable for the injuries that a plaintiff incurred, then the defendant must compensate the plaintiff for those injuries. The end goal of a personal injury lawsuit is to hold the person who caused your injuries liable. Usually this can be accomplished through negotiation with the defendant’s insurance company, however, sometimes cases go to trial and the judge or jury will determine liability. Florida is a comparative liability state so a defendant can be assessed either partial or full liability.

Attorney Eric Canter has recovered millions of dollars for his personal injury clients. If you have been injured, contact ECanter Lawyers right away to discuss your case and learn your rights.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

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