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Understanding Personal Injury Language

by | Feb 22, 2019 | Firm News

A common problem for individuals who have suffered a personal injury is understanding the legalese used in an injury case. While most cases are settled out of court, certain terms can still be used that can leave the injured party confused to some extent. Having a reasonable working knowledge of these terms is important for most injured claimants, especially when the case could be strongly defended. Reviewing a list of legal terms can be very helpful for most injured parties before they contact a Las Vegas personal injury attorney to discuss their case. LV accident attorneys understand this dilemma for most people who need legal assistance. Here are several of the most commonly used terms.


The plaintiff is simply the injured party or parties submitting a claim for any injury regardless of extent.


Defendant is usually a term applied in a criminal case, but it can be used in a civil case as well. The defendant is also often referred to as the respondent in a civil tort action such an accident case.


All injury claims hinge on negligence, and it can be applied to multiple parties in many instances. Negligence must be proven against the defendant by the plaintiff legal counsel, and comparative negligence can be used as a defense. Comparative negligence is typically used when determining liability in an auto accident case regarding claims submitted by injured drivers.


Damages refers to financial compensation for injured parties. They can be both compensatory based on actual dollar amounts or punitive intended as punishment for gross negligence when proven in a trial.

Strict Liability

Strict liability cases do not require the plaintiff legal counsel to prove negligence on the part of the defendant, and this condition is often stated by the court in the opening evaluation. Strict liability typically applies to defendants in defective product claims.

Contact a LV Personal Injury Lawyer

Your attorney from Albright, Stoddard, Warnick & Albright will always take the time to explain any legal terms that may be confusing when explaining your injury case potential. Anyone in Las Vegas who has been injured at the possible fault of another party should contact the firm for a full free evaluation of the potential claim.