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Legal Definitions of Law Terms for Personal Injury Cases
Legal Definitions
-Adjuster
An adjuster is an employee of an insurance company.
The adjuster is given responsibility for seeing your
case through settlement, jury verdict or dismissal.
The adjuster determines how much the insurance company
will pay in settlement and even if the insurance company
will settle.
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-Attorney
An attorney is an individual that has attended law school
and is licensed to practice law. The personal injury
attorneys USA Hurt works with are experienced and aggressive
legal professional who know how to handle personal injury
cases. They are seasoned in dealing with adjusters and
insurance companies, know the nuances of personal injury
law and will help you reach a settlement or take your
case to trial. Personal injury attorneys are not paid
unless they obtain compensation for their clients.
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-Attorneys' Fee
This is the fee an attorney earns for handling your
case. Personal injury attorneys do not collect their
fees directly from their clients. When you retain your
attorney, you will enter into an agreement that gives
them a percentage of any recover they obtain for you.
If they have to advance any costs, these will also be
paid from any settlement or judgment they obtain for
you.
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-Class Actions
When there are a large group of people who suffer a
similar injury from the same accident or event, then
these individuals will often group together and pursue
their claim as a class action meaning all of their claims
are done in one lawsuit with many plaintiffs.
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-Contingent Fee
A contingent fee is the manner in which the fees in
almost all personal injury cases are handled. In other
words, the attorney's right to a fee is contingent upon
the attorney collecting compensation for you. Your personal
injury attorney is not paid unless he collects money
for you. This system allows injured people without the
ability to spend money on legal fees to be able to obtain
legal representation.
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-Defendant
The Defendant is the party that caused the injury to
the Plaintiff.
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-Demand Letter
A demand letter is correspondence written by your attorney
to an insurance company or defendant seeking to settle
your case. This letter will often start negotiations
between your attorney and an insurance company's adjuster
to move your case toward resolution.
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-Initial Consultation
An initial consultation is your first meeting with your
attorney. You will discuss your case, discuss what happened
to you to cause injury, and learn what your legal rights
are. The attorney will discuss your chances of recovery,
how he will handle the case and the manner in which
they will be paid for handling your case.
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-Injury
An injury is suffered when you are the victim of an
accident caused by someone else. A personal injury can
also give rise to a claim against the party that caused
the injury.
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-Insurance Company
An insurance company, as a result of a contract with
an insured, can be responsible for paying a claim made
against a policy of their insured when the insured has
been involved in an accident or carelessness cause by
a third party.
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-Jury
If your case goes to trial, a jury of 12 of your peers
will hear evidence concerning your case and will render
a verdict either in the favor of the Plaintiff or Defendant
based upon the evidence.
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-Lawsuit
If your attorney is unable to settle your case directly
with the insurance company, then a lawsuit will have
to be filed against the Defendant or the party responsible
for your injury. The insurance company will still be
involved, but in order to have a trial by jury, a lawsuit
must first be filed. -Medical Expenses Any medical expenses
that are spent as a result of your injury.
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-Out of Pocket Expenses
Sometimes your attorney will have to spend money while
working on your case. If your attorney obtains a settlement
or jury verdict for you, any out of pocket expenses
spent on your case will be deducted from the settlement
pursuant to your agreement with your attorney. -Plaintiff
The injured party in a personal injury case, the party
bringing the claim or law suit is referred to as the
Plaintiff.
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-Plaintiff
The Plaintiff is the injured party in a personal injury
case. The party bringing the claim or law suit is referred
to as the Plaintiff.
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-Personal
Injury Attorney
As with any other attorney, a personal injury attorney
has attended law school and is licensed by their jurisdiction
to practice law, but this attorney focuses on helping
people who have been the victims of accidents caused
by some other person. Personal injury attorneys help
the injured, working aggressively and diligently to
recover all that their clients are entitled.
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-Proximate Cause
This is a legal term that refers to the manner in which
the actions of a Defendant relate to the injury of a
Plaintiff. If the actions of a Defendant did not contribute
to or cause a Plaintiff's injury, then there is no proximate
cause and the Plaintiff will not be able to look to
the Defendant for recovery.
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-Settlement
When a claim is resolved outside of court, even if a
lawsuit has been filed, it is called a settlement. -Statute
of Limitations Once a person is injured, they have only
a set period of time, generally at least two years,
during which time they can bring their claim against
the Defendant. This time period is referred to as the
Statute of Limitations. Once the time has expired, the
claim cannot be brought no matter how severe the damages
or injury.
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-Summons and Complaint
Another name for a lawsuit. A Defendant is summonsed
to respond to allegations raised and made in the Complaint.
This is filed with the Court and then served upon the
Defendant.
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-Trial
If a settlement cannot be reached, a trial is held and
a jury decides the outcome of the case.
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