When another person, company, manufacturer, or other entity is guilty of negligence that is addressed in another person's harm, whether that be physical or mental harm, or harm to their reputation, they are considered an at-fault party in a personal injury case. So not that you have learned a few legal terms already, let's go ahead and dig deeper into the world of accident law to learn some more terms that you need to know of you are ever, or currently, involved in a personal injury case. Continue reading and review some common legal terms that are frequently used under the circumstances of a negligent injury or accident.
As briefly mentioned before, a personal injury is harm or damage incurred as a result of another's carelessness or negligence. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, slip and falls, and more. But it also includes mental and emotional harm, like damage to one's reputation in the case of slander. Sexual harassment and discrimination are other examples of mental and emotional harm. Mental anguish and trauma that occurs following an injury are also considered damages.
The term liability reiterates one's obligation or responsibility. For example, if a driver driver causes another driver injury, the drunk driver or their insurance company is liable for the victim's damages. They are the ones who will pay for the injured victim's claim.
The term "party" refers to either the defensive's side or the plaintiff's side. This includes the person, their insurance company, and their attorney.
The claimant is the person filing the personal injury claim. This can be one person, the victim, or the family of a victim. Once the claim is accepted as a case, the claimant become the plaintiffiff.
Tort is a wrongful or immoral act that causes another person injury or harm. Often times, you will hear this area of law referred to as tort law. This brings us to our next term.
Also referred to as the "At-Fault Party", the tortfeasor is the actual person who demonstrated negligence that caused someone harm or damage. They can also be the defendant if they are the ones being sued. In the case of a minor, the parents might be the defenders, while the juvenile is the actual tortfeasor.
First Party Insurance
As we already know, the term "party" refers to either the plaintiff side or the defensive side. Well, first party is always the clerk side, in particular, their insurance company. A plaintiff may file a claim with their insurance company for more money for damages.
Third Party Insurance
This is a defensive insurance company. It is commonly the insurance companies that pay out compensations or negotiate repompense in personal injury cases.
Third Party Claim
Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely assaulted at work, they can file a worker's compensation claim (first party claim) with the company's insurance provider, and then they can file a third party claim against the person who assaulted them at work.
The adjuster is a person that is employed or hired by an insurance company to settle a personal injury claim. Their primary objective is to evade paying any sort of remuneration, or pay out as little as possible.
Source by Sarahbeth Kluzinski