Legal Jargon Unpacked: A Glossary of Common Personal Injury Terms

Tort

A tort is a legal term for a wrongful act or an action that causes injury to another person. This wrongful act can take many forms, from something as common as a car accident to more complex situations like medical malpractice. When someone commits a tort, they can be held legally responsible for the harm they caused.

Negligence

Negligence occurs when someone fails to exercise reasonable care in their actions or behavior, and as a result, they cause harm or injury to another person. It’s a failure to be as careful as a reasonable person would be in a similar situation. Proving negligence in a personal injury case requires demonstrating all four elements.

Comparative Negligence

In cases where the plaintiff and the defendant share some degree of fault for the injury, North Dakota law follows the principle of modified comparative negligence. The court assesses the degree of fault for each party and reduces the final compensation awarded to the plaintiff based on their level of responsibility for the harm.

Suppose you’re in a car wreck. An investigation shows the other driver was 80% to blame, and you were 20% at fault. Your damages or financial losses (more on these later) come to $100,000. The court will subtract 20% ($20,000) of your compensation. That means you’ll receive $80,000 instead of $100,000.

Liability

Liability means legal responsibility. If the court finds someone liable, they’re legally accountable for the harm they caused another person. The court can require them to compensate the injured party.

Contingency Fee

When a lawyer charges a contingency fee, they only get paid if they win the case for their client. Typically, the fee is a percentage of the money recovered from the defendant. This allows people who can’t afford upfront legal fees to pursue their claims.

Settlement

A settlement is an agreement between the plaintiff and the defendant to resolve the legal dispute without going to trial. It usually involves the defendant agreeing to pay the plaintiff a certain amount in exchange for the plaintiff dropping the lawsuit. More than 90% of personal injury cases are resolved through a settlement.

Statute of Limitations

This is a legal time limit within which a lawsuit must be filed after an injury or harm occurs. If the plaintiff misses this deadline, they may lose their right to sue, regardless of the strength of their case. The North Dakota statute of limitations is six years.

Damages

Damages are the financial compensation awarded to the plaintiff if they win their case. These damages cover various losses, including medical expenses, lost wages, and pain and suffering caused by the injury.

Pain and Suffering

Pain and suffering damages are a type of compensation that addresses the physical and emotional distress experienced by the plaintiff due to the injury. These damages go beyond financial losses and aim to compensate victims for the intangible harm caused.

Discovery

Discovery is the legal process during which both parties in a lawsuit gather evidence and information from each other to build their respective cases. This can involve requesting documents, conducting interviews, and other investigative activities.

Deposition

A deposition is a formal interview where a witness or party in the lawsuit answers questions under oath. This process typically occurs in the presence of lawyers and is used to gather information and establish a record of the witness’s statements.

Mediation

Mediation is a dispute resolution process where a neutral third party, called a mediator, helps the plaintiff and defendant reach an agreement outside of court. The mediator facilitates communication and negotiation between the parties.

Arbitration

Arbitration is an alternative to a trial where a neutral arbitrator decides the case’s outcome. These decisions are often binding, meaning they are final and legally enforceable.

Tortfeasor

The tortfeasor is the person or entity responsible for the wrongful act or tort that resulted in the injury.

Subrogation

Subrogation occurs when an insurance company, having paid a claim to an insured person, steps into the insured person’s shoes and sues the responsible party to recover the money they paid for damages.

Affidavit

An affidavit is a written statement made under oath and signed before a notary or another authorized official. It is a formal way to declare the truth of specific facts.

Breach of Duty

A breach occurs when someone fails to fulfill their legal obligation or duty, often related to negligence. It’s a key element in establishing liability because it shows that the at-fault party didn’t act as they should have, leading to harm to others.

Proximate Cause

Proximate cause is the direct cause of an injury or harm. It’s another essential concept in determining legal liability because it establishes a close connection between the defendant’s actions and the plaintiff’s injury.