Personal Injury Legal Terms
Key legal terms and definitions related to personal injury law, including negligence, liability, and compensation concepts every PI attorney should know.
13 terms in this category
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Eggshell Plaintiff Rule
The legal principle that defendants must take plaintiffs as they find them, meaning they are liable for all injuries caused even if the plaintiff was unusually susceptible to harm.
Joint and Several Liability
A legal doctrine that allows a plaintiff to recover the full amount of damages from any one defendant, regardless of that defendant's individual share of fault.
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Premises Liability
A legal doctrine holding property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions.
Product Liability
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. Claims may be based on design defects, manufacturing defects, or inadequate warnings.
Strict Liability
Legal responsibility for damages regardless of fault or intent, commonly applied in defective product cases and certain dangerous activities.
Tort
A civil wrong that causes harm to another person, for which the law provides a remedy. Torts can be intentional, negligent, or based on strict liability.
Vicarious Liability
Legal responsibility imposed on one party for the actions of another, such as an employer being liable for employee negligence committed within the scope of employment.
Wrongful Death
A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.
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