Home » Las Vegas Personal Injury » Key Terms in a Personal Injury Case

When you are involved in a personal injury case, there are many new words that you may see and hear as the case moves through the Nevada courts. These words can make it difficult to understand what is happening in your case. A better understanding of the standard terms in a personal injury case can help you navigate your claim more successfully.

These are some of the words you may come across when you are involved in a personal injury lawsuit.

Answer

An answer is a document that one side files in a lawsuit to respond to another party’s court filing. For example, when a complainant files a complaint, the other party responds by filing an answer. One response addresses the claims made by the other side.

Breach

An offense occurs when a person has a duty to care for another person and fails to fulfill that responsibility. A person breaches her duty to another person when she does not act reasonably.

Load

The person who has the burden has the job of proving something is true. If the law says that one person bears the burden of a problem in the case, it is up to them to present the evidence in court to show that it is true.

Burden of proof

A burden of proof is the amount of evidence you need to win the case. In most personal injury laws, the burden of proof is considered the preponderance of the evidence.

Cap

A limit is the most money you can recover from a particular type of loss in a personal injury case. In Nevada, there are damage limits for certain types of damages in medical malpractice cases.

Causality

In a lawsuit, causation means that a person’s negligent behavior is the cause of the victim’s losses. That is, one person’s behavior must be the reason for the other person’s injuries or losses in order for the injured person to recover from that person.

CDL

A CDL, or commercial driver’s license, is a special type of driver’s license that a driver must obtain when driving for a living and is primarily for trailer drivers.

Doctrine collateral source

Even if you have insurance that pays for your damages, you are still entitled to full recovery for your losses from the person who hurt you. That is, even if you have a collateral source to pay for your damages, you can still demand full recovery from the person who hurt you.

Complain

The original court documents in a case are called the complaint. This is always the first document filed with the court that initiates a lawsuit. Put your losses in writing and ask for compensation.

Tax negligence

In some cases, more than one person may have acted negligently. When the injured person also behaves in a negligent manner that contributes to their own personal injury, this is called contributory negligence. In Nevada, if the injured party is more than fifty-one percent at fault for what happened, they cannot recover for their losses.

Damages

In personal injury cases, the damages are what the injured party seeks to recover, usually monetary compensation. Damages can be financial losses such as medical bills and lost wages or emotional losses such as pain and suffering or loss of companionship.

Accused

When someone files a lawsuit against you, they are called a defendant. A defendant is the person or entity that could have hurt another person.

District court

In Nevada, district courts handle cases for the most money. Cases in district court usually involve $ 10,000 or more.

Should

Duty requires a person to act or refrain from acting in a particular way. Usually people have to act reasonably with each other. Failure to comply with this requirement may be considered negligence and may be cause for legal action.

Elements

A personal injury case is made up of items designed to prove negligence . These are all the steps that must be taken for a victim to have a valid case against another person. In most cases, the elements of a personal injury case that prove negligence are duty, default, causation, and damages.

Court of justice

In Nevada, a court of law hears cases involving less than $ 10,000.

Med-Pay

Med-Pay, or medical payments coverage, is a type of first-person insurance. This supplemental insurance pays the medical bills for each person injured in your vehicle, regardless of fault.

Related: PIP vs. health insurance coverage

Negligence

If a person acts carelessly in a way that a reasonable person should not, they have acted negligently. When the negligent behavior of one person harms another person, it may be grounds for financial recovery under Nevada law.

Without guilt

Nevada does not have no-fault laws. No-fault laws require each driver to purchase insurance that pays for their own damages, regardless of whether they are at fault for the accident. In Nevada, you can file a lawsuit any time another party acts negligently in a way that causes you losses.

Paralegal

A paralegal has legal training and experience, but they are not attorneys. They often collaborate with attorneys and do highly experienced work.

Applicant

A plaintiff is the person who files the claim. If you are the one who is injured, you are the plaintiff bringing the case to recoup your losses from someone else.

Prayer for relief

This is the part of the court document that tells the court what you are asking them to do, usually describing how much money you want. A prayer of relief often comes at the end of a court presentation.

Preponderance of evidence

When the burden of proof is a preponderance of evidence, as is customary in civil cases, that means you must show that something is more likely not true. That means that if you are the plaintiff in a personal injury case, you must show that what you say is most likely not true.

Reckless

A person acts recklessly when he ignores an obvious risk. While negligence is not paying enough attention, recklessness is ignoring an apparent danger.

Statute of limitations

Nevada law places restrictions on the amount of time a person has to present a case when injured. This time limitation is called the statute of limitations. In most cases, the limit in Nevada is two to four years, depending on what exactly happened.

Related: How Long Do I Have To File An Injury Claim In Nevada?

Strict liability

In some cases, generally those involving defective products, a person may be held liable to others for the damages they cause, even if they never intend to hurt another person. When one person must pay another person for certain losses, even if they did not act negligently, this is called strict liability.

Grievance

A tort is when someone makes a legal mistake against another person. It is not a violation of contract or a crime, however, in some cases, an intentional act can be a tort as well as a crime. A tort occurs when one person misrepresents another in a way that allows an injured person to recover for their losses under Nevada civil law.

As you can see, personal injury cases can be confusing. When working with a lawyer with experience in personal injury , they know all these terms and know how to apply them and Nevada law in the best way possible to help you get the recovery you deserve.

If you suffered a personal injury in Nevada, working with an attorney can help you maximize your loss recovery. An attorney can also guide you through the complex legal system, so you know what to expect at each stage of the process. You can focus on your recovery, while an attorney uses their legal and training experience to take your case to Nevada courts for the best possible outcome.