When dealing with a personal injury case in Florida, understanding the legal terminology is crucial. This glossary provides clear, legally precise definitions of common terms used in Florida personal injury law.
Insurance companies may try to use legal terminology to complicate claims for accident victims. When a person is overwhelmed by legal “jargon,” they may be more likely to accept a settlement offer that is not in their best interest.
Remember, this glossary of personal injury terms is intended for informational purposes. It should not be used as a substitute for personalized legal advice. For specific guidance about your case, consult a qualified personal injury attorney.
Assumption of Risk
Assumption of risk is a defense where the injured party knowingly and voluntarily accepted the risks associated with an activity, potentially barring or reducing recovery. Assumption of risk is not a complete bar to recovery. Speak with a lawyer immediately to determine your legal options.
Breach of Duty
Breach of duty refers to the failure to meet the legally required standard of care owed to another. It is one of the four elements required to establish a negligence claim.
Claim
A claim is a formal request for compensation by an injured party alleging negligence or wrongdoing. Some situations may require a formal claim notice, including cases involving government tort claims and workers’ compensation cases. The time to file a notice of claim may be shorter than the statute of limitations for filing a lawsuit.
Comparative Negligence
Comparative negligence is a legal theory that affects the recovery of damages if a victim is at fault for their injuries. Florida uses a modified comparative negligence standard. A victim can typically recover compensation if they are less than 50% to blame.
Compensatory Damages
Compensatory damages aim to reimburse actual losses, such as medical expenses, lost wages, and property damage. Compensatory damages encompass economic losses, as well as pain and suffering.
Contingency Fee
Many personal injury lawyers use contingency fees. Under this payment structure, the attorney is not paid unless they win the case. If so, their fee will be deducted from the compensation award as an agreed-upon percentage.
Counteroffer
A counteroffer is a response that rejects an initial offer and proposes new terms, often seen in settlement negotiations. Victims are not required to accept an insurance company’s initial settlement offer.
Damages
Damages are monetary compensation awarded for injury or loss. There are three main types you might see in personal injury cases: economic, non-economic, and punitive.
Economic damages are for quantifiable losses, including medical bills, out-of-pocket expenses, and lost wages. Non-economic damages are for intangible losses, including pain and suffering, diminished quality of life, and emotional distress. Punitive damages are awarded by juries to punish egregious conduct.
Deductible
A deductible is the portion of a claim expense that the insured must pay before insurance coverage applies. The deductible amount depends on the terms of an insurance policy.
Emergency Medical Condition (EMC)
Emergency medical condition (EMC) is a severe health condition requiring immediate attention to avoid serious harm or death. Under Florida’s PIP laws, a professional must deem a condition an EMC to access full benefits.
Insurance Policy
An insurance policy is a contract between the insurer and the insured that outlines coverage terms, limits, and exclusions. Types of insurance policies commonly found in personal injury cases include car insurance, homeowners’ insurance, business liability insurance, and workers’ compensation insurance.
Liability
Liability is the legal responsibility for injury or damages caused by one’s actions or negligence.
Loss of Consortium
Loss of consortium is compensation for the impact on the relationship between the injured party and their spouse or family. Family members of the injured victim file loss of consortium claims.
Negligence
Negligence is the failure to exercise reasonable care. The four elements of a negligence claim are duty, breach, causation, and damages.
Personal Injury
Personal injury is physical, emotional, or psychological harm caused by another’s negligence or intentional act. Personal injuries may result from negligence, intentional torts, and other wrongful acts.
Personal Injury Protection (PIP)
Personal injury protection (PIP) is a mandatory Florida auto insurance coverage that provides up to $10,000 in medical benefits, regardless of fault.
Plaintiff
The plaintiff is the person who initiates a lawsuit, claiming injury or damages. Generally, it refers to the injured party or their legal representative.
Premises Liability
Premises liability refers to the legal responsibility of property owners to maintain safe conditions for their visitors. Slip and fall accidents typically fall under premises liability laws.
Proximate Cause
Proximate cause is a direct link between the defendant’s breach and the plaintiff’s injury, showing the injury was reasonably foreseeable. It is a required element of negligence claims.
Respondeat Superior
Respondeat superior is a legal doctrine holding employers liable for employees’ negligent acts committed within the scope of their employment. The employer may be legally responsible for damages if their employee causes harm to someone.
Settlement
A settlement is an agreement that resolves a case without trial, often involving a payment from the defendant to the plaintiff. A settlement agreement is a binding contract ending the claim. The injured party waives all future claims in exchange for payment of a monetary settlement.
Statute of Limitations
The statute of limitations is the deadline by which to file a lawsuit. Most personal injury lawsuits have a two-year deadline to file. However, exceptions to the statute of limitations can lengthen or shorten the filing deadline for personal injury lawsuits. Prompt legal advice is the best way to protect your right to sue.
Strict Liability
Strict liability is a legal theory that creates liability without fault or negligence. Strict liability is often applicable in cases involving defective products or abnormally dangerous activities.
Standard of Care
The standard of care refers to the level of care that an ordinary, prudent person or professional is expected to provide. In a personal injury lawsuit, the jurors determine what a reasonable person would have done in the same situation. Florida law defines how the medical standard of care is determined for medical malpractice and medical error claims.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Uninsured/Underinsured Motorist Coverage (UM/UIM) is a type of insurance that protects against damages caused by drivers without insurance or with insufficient insurance. Uninsured motorist insurance claims are common in hit-and-run accidents.
Contact Our Jacksonville Personal Injury Lawyers for a Free Consultation
If you have questions about an accident or personal injury claim, legal advice from a skilled injury lawyer helps protect your rights. Call Baggett Law Personal Injury Lawyers at (904) 396-1100 for a free consultation with our Jacksonville personal injury lawyers.
