Have you ever found yourself in a situation where people speak to you using technical terms that you don’t know or understand? It is a highly frustrating experience. But, of course, we cannot be experts in all fields and areas of science and other subjects. That is why today, we bring you some of the most common terms that are used during a legal process related to personal injury. So that, if you ever find yourself in this situation, you at least have an idea of ​​what is being discussed.


Here are some of the most fundamental concepts:


  • Plaintiff: Person who files a claim and/or initiates a legal process against another. Plaintiff refers to the prosecuting party in a lawsuit.


  • Defendant: The person responsible for causing damage and/or injury to another. The defendant can be more than one person; it can even be a group of people or an organization.


  • Tort: Refers to any action that causes damage or injury to a third party. These can be intentional, such as an assault, or unintentional, such as an injury caused by negligence.


  • Duty of Care: This term refers to the obligations that a person has to act responsibly, taking care of the safety of himself and others. For example, all drivers have an obligation to drive responsibly, obeying traffic laws. In the same way, the owner of a property must keep it in good condition and free of dangers for visitors.


  • Negligence: This is the most common offense that we can find and refers to acting in a careless, reckless way that can endanger others or cause injury. Examples of this would be driving while texting or talking on the phone; medical malpractice, in which harm, or even death, is caused to another person due to errors or omissions in the treatment of a patient.


  • Statute of Limitations: The statute of limitations refers to the period of time that a specific state establishes to be able to file a lawsuit against another from the date the incident occurred. The statutes of limitations vary according to each state and to the different types of crimes.


General knowledge of these terms can be beneficial, but a lawyer with experience in the area is priceless. Call SM Law if you want to know more.