If you are ever left having to file a personal injury claim because you have been injured by another party, it can feel like strange ground to be standing on for sure. There can be terms and technical jargon brought up regarding your case that leave you feeling a little confused. It is always best if you have a good understanding of what the attorney from your personal injury law firm is trying to convey in your case. Take a look at some of the questions about common personal injury terms and their meanings.
What is the meaning of tort law?
In general terms, tort law is a civil situation in which one person causes harm to another in some way, whether it be psychologically or physically. With tort law, the person who committed the act that caused the injury bears a legal responsibility for paying for the injuries they have caused. For example, if you are injured because someone hit you with their car, that person committed a tortious act and is legally responsible. You will hear the term tort come up occasionally when you are working with a personal injury attorney because this is what personal injury law is based upon.
What is negligence in personal injury?
In some personal injury claims, negligence will be the basis for the claim instead of a direct action. For example, if a dog owner fails to keep their dog contained and you get bitten, the dog owner would be deemed negligent, and, therefore, they would be responsible for your injuries. Negligence basically means someone did not do what they should have done or did not give proper attention to their responsibilities and it caused another person to get injured.
What are mitigating circumstances?
It is always ideal if it can be proved without question that the person you are suing is solely at fault for your injuries, but this is not always the case. In some situations, there are mitigating circumstances. When a lawyer mentions mitigating circumstances, it basically means there are reasons why someone could be deemed at fault, but they may not be completely at fault for your injuries. A good example of this is if you were injured in a public business location but another customer caused your injuries to occur. The business owner has a legal duty to keep their premises safe, but due to the actions of another party, they may not be solely at fault.