Last month we kicked off Legal talk 101- common words used in personal injury cases and their meanings
This month we continue with our list and Part 2.
Negligence is a legal cause of the accident if it directly and in natural and continuous sequence produces or contributes substantially to producing the accident, so that is can reasonably said that, but for the negligence, the accident would not have occurred.
Legal responsibility for an act or omission resulting in injuries and damages to a person and/or property.
Employers may be subject to vicarious liability, in which they are liable for the actions or omissions of employees, over whom they have the right, duty or ability to control. Manufacturers may be subject to product liability for defective products they manufacture, distribute or sell.
The process of taking legal action and/or filing a lawsuit.
LOSS OF CONSORTIUM
In personal injury cases in Florida, in addition to those damages available to the injured person, the law allows your spouse a claim, too – it’s called a claim for loss of consortium. A legal marriage is required, common law relationships are not sufficient.
A spouse has a cause of action for loss of consortium when the other spouse suffers personal injury caused by the negligence of another. Consortium generally refers to the services, comfort, society and attentions of a spouse. This includes more than just the marital sexual relationship, but also the companionship and fellowship of a husband and wife to each other. The burden of proof is on the claiming spouse and may be claimed for both past and future losses.
Florida law requires us to act with “reasonable care,” which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances. In order to recover for most personal injuries, you have the burden of proving that someone else was negligent, and that their negligence caused your personal injuries.
PAIN AND SUFFERING
A legal term for damages recoverable by the plaintiff for emotional trauma as well as mental and physical pain as a result of the negligence of another.
The area of law which covers all physical, financial, and emotional injuries caused by another person or party’s negligence in using reasonable care. Personal injury cases are considered civil torts, as opposed to criminal lawsuits. Auto accidents and premises liability (slip/fall) are two of the most common types of personal injury cases.
PERSONAL INJURY PROTECTION (PIP)
Florida is one of ten states that have Personal Injury Protection, also referred to as No Fault, automobile insurance. In Florida, PIP coverage is required to be purchased by all owners of motor vehicles registered in this state. PIP covers our own medical expenses, up to the limits of coverage, usually $10,000.00. In auto accidents, our PIP is primary, before any health insurance. The goal of the
Pip auto insurance is to reduce delay in medical car for injured drivers, by providing medical expense payment without the need to prove fault.
In a civil court of law, the party with the complaint or claim who has filed the civil lawsuit. May be an individual or a class of plaintiffs, as in a class-action lawsuit.
The legal responsibility of a property owner or occupier of a property to provide compensation for persons who sustain certain injuries while on their premises. For example, a person who is hurt from a slip and fall accident caused by a spill may be able to sue the property owner for negligence.
Legal responsibility by a company for defects in its products, as well as any wholesalers or retailers who may have contributed to or caused a defect. In many defective products cases, many defendants are named.
The primary or moving reason why an injury or damage occurred and without which the accident would not have happened, if the injury in question can be foreseen as a natural occurrence of the misdeed.
Damages awarded by a jury to punish a defendant whose behavior in causing the plaintiff’s injuries was especially egregious. Punitive damages are intended to deter further similar behavior, and are typically only assessed in the case of exceptionally serious misconduct, not just negligence.
Up next: Legal Talk 101- Part 3