Top 10 Terms to Know When Discussing a Personal Injury Claim

Some attorneys speak legalese. But at the Law Offices of Edward Chavez Jr., we speak your language.

Few things turn life upside-down faster or more completely than an unexpected personal injury. The medical bills may cost more than several hundred thousand dollars and the pain and suffering may be almost unbearable, both for victims and their families.

Many lawyers unintentionally make these things worse. They use unfamiliar terms which non-lawyers do not understand, and they assume their clients know what they mean.

But at the Law Offices of Edward Chavez Jr., we treat clients like our partners, and not like our customers. That partnership is the best way to obtain maximum compensation in injury cases. Since our partnership should be a relationship between equals, we compiled a list of commonly-used legal terms in personal injury cases.

• Letter of Protection: Medical treatment and vehicle replacement are usually the two immediate priorities in car wreck claims. But many victims do not have money or insurance. So, an attorney sends a letter of protection to such a provider. This letter guarantees payment when the case is resolved. So, many providers charge nothing upfront for medical, vehicle replacement, and other services.

• Demand Letter: Once medical treatment is at least substantially complete and an attorney thoroughly researches the law and facts, a lawyer sends a demand letter to the insurance company. As the name implies, this letter demands a sum of money in exchange for a waiver of claims. This sum includes both economic and noneconomic damages.

• Negligence: Once upon a time, American schoolchildren had to memorize the Golden Rule: “Do unto others as you would have them do unto you.” This principle is the foundation of negligence law. Most drivers have a duty of reasonable care, which means they must watch out for others on the road. Additionally, drivers who break safety laws, like the DUI law, may be liable for damages as a matter of law if they cause a car crash.

• Strict Liability: This theory of recovery is common in defective product claims. Typically, manufacturers are responsible for product injuries as a matter of law. Negligence, or a lack of care, is basically irrelevant for liability matters. However, fault could be relevant for damages purposes.

• Damages: No amount of money can possibly make up for a wrongful death or serious injury. However, New Mexico courts only have the power to award money damages. These damages usually include compensation for property damage, medical bills, lost wages, and other economic losses. Additionally, most victims are entitled to noneconomic damages for things like pain and suffering, loss of consortium (companionship), emotional distress, and loss of enjoyment in life.

• Complaint: If the claim does not settle out of court right away, an attorney must file a legal complaint to protect your legal rights. Typically, if a lawyer does not file this paperwork within two years of the car accident, the victim may lose any right to recovery.

• Plaintiff: The victim and the plaintiff, which is the party that brings suit, are usually the same person. In other cases, such as an under-18 victim, the plaintiff may be a responsible adult.

• Defendant: Nominally, the defendant is the tortfeasor (negligent driver). However, the insurance company has a legal responsibility to defend the claim. So, for all practical purposes, the defendant is the insurance company.

• Motion to Dismiss: This term could include several procedural motions that insurance company lawyers usually file early in a case. Basically, these motions claim the plaintiff’s case is legally invalid and a jury should never consider it. These motions almost always fail, so they are usually nothing to worry about.

• Mediation: Most judges refer contested matter to mediation. A third-party mediator reviews the case and works to arrange a settlement between the plaintiff and defendant. If both parties negotiate in good faith, medication is usually successful.

Contact an Assertive Lawyer

Your lawyer should be careful to speak your language. For a free consultation with an experienced personal injury attorney in Albuquerque, contact the Law Offices of Edward Chavez, Jr. Home and hospital visits are available.