PERSONAL INJURY CASES ARE HANDLED ON A CONTINGENCY FEE BASIS: NO RECOVERY, NO FEE!
Additional Information:
Some A, B, C’s of Personal Injury Law
(frequently used terms and some of their common definitions)
A – assumption of risk - knowingly placing oneself in a situation which a reasonable person would understand might expose himself or herself to potential harm or danger
B – burden of proof - a duty, imposed by law on one party, to persuade a judge or jury of the merits of his or her position on an issue
C – contributory negligence - negligence on the part of an injured person which in part contributed to that person’s own injuries
D – default - a finding of legal responsibility against a person because of his or her failure to timely respond to a claim or allegation
E – eyewitness - a witness who has actual knowledge of an incident because he or she was present when it occurred
F – forseeability - the likelihood that a given result could have been anticipated by a reasonably intelligent and aware observer
G – governmental immunity - the concept that governments can only be sued under limited circumstances codified by legal statute
H – hearsay - an out of court statement offered in court to prove a particular proposition
I – independent witness - a witness who has no personal or pecuniary stake in the interests of either party to a case in litigation
J – joint and several - applicable to each of two or more parties individually or to the group of them collectively
L – liability - actual or potential responsibility for some legal obligation
M – mistrial - a trial which has been terminated without a judgment or settlement of claims having been reached, often resulting in the need to hold another trial on the same issues
N – negligence - the breach of the duty to adhere to a standard of care which is deemed reasonable under the prevailing circumstances
O – offer - a proposal to settle a claim or dispute, often incorporating some compromise by each of the parties involved
P – permanent injury - an injury which, to a reasonable degree of medical certainty, is not likely to be completely healed or resolved during the victim’s lifetime
Q – quadriperesis - weakness of all four limbs
R – release - a document, signed by the victim of an injury or loss, in which the signer permanently surrenders his or her right to pursue his or her legal remedies
S – statute of limitations - a provision of law which sets a time limit as to how long a person claiming a legal right to certain relief has to file a lawsuit to vindicate that legal right
T – tort - a wrongful, or inherently dangerous act, either willfully or negligently committed, resulting in some harm or loss to another
U – uninsured/underinsured motorist coverage - insurance policy provisions which provide a source of compensation to the victim of an automobile accident who is damaged or injured by a driver who is uninsured or whose insurance policy limits are inadequate to cover the victim’s losses
V – vicarious liability - liability of one person for the willful or negligent acts of another based on the relationship between the two
W – with prejudice - termination of a legal claim by a judge or magistrate with the specific condition that the claim can never be raised again