Personal Injury Terms Accident Victims in West Virginia Need to be Aware Of
When a person files a personal injury lawsuit in the State of West Virginia, there are several terms they are likely to encounter, some of which they might not be familiar with. While a WV personal injury lawyer can certainly explain the meaning of any unknown terms a person comes across, it can’t hurt to do a little self-prepping before the start of a personal injury case.
In this article, accident victims will become familiar with some of the common terms that are used in personal injury cases and what they mean.
Common Terms Used in Personal Injury Cases
- Plaintiff
The plaintiff is the person who files the lawsuit. This can be a victim of a car accident, truck crash, medical error, or even a slip and fall incident.
- Defendant
The defendant is the person being sued. If a careless truck driver rear-ended a vehicle, then the trucker and/or their employer may be listed as the defendant in the case.
- Negligence
Negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”1 For example, drivers know they must travel at or below the posted speed limit or at a rate of speed that is safe for roadway conditions. Any driver who violates the law or drives too fast for roadway conditions would be considered negligent if their actions led to a collision.
- Resolution
A resolution is “a formal statement of opinion or decision to take a certain action.”2
- Discovery
The pre-trial discovery is when the plaintiff gathers information to support their case which is often used at trial. Prior to 1938, the Legal Information Institute says plaintiffs were required to prove their case before taking legal action. Now, individuals are permitted to file suit even when they don’t have “solid evidence.”3
- Judgment
A judgment is “a court order that determines each party’s rights and obligations.”4
- Arbitration
Arbitration is a process disputing parties can use to help get their case settled privately. Arbitration involves both parties presenting their side of the case to an arbitrator who then makes a decision regarding the dispute. According to the American Bar Association (ABA), cases that go through arbitration not only tend to settle quicker, but they are also “less formal.”5
- Damages
Damages refer to the financial relief a party is awarded. If a person was awarded $250,000 for their injuries and losses, the court would say they were provided with $250,000 in damages.
If an individual was injured in a collision, slip and fall incident, or any other type of accident, Kaufman & McPherson, PLLC is here to help them navigate the legal system. Whether they are looking to recognize a person for their negligent behavior or want to recover damages for their injuries and/or losses, the West Virginia personal injury lawyers at this firm are more than qualified to help.
Kaufman & McPherson, PLLC can be reached at:
16 Sterling Drive, Suite 205
Bridgeport, West Virginia 26330
Phone: 304-449-5161
Website: www.wvattorneys.com
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