Being a victim of personal injury terminology can be traumatizing. And it will only become more challenging when processed through the legalities of statutes of the law regarding the same. That is why having a personal injury attorney Kansas City relies on will be to your benefit, by the mile.
As you team up with the best legal team in the city, below are terminologies you may encounter as you file a personal injury case.
1. Personal Injury
Legally defined, “personal injury” pertains to injuries, whether physical, emotional, mental, or financial, as a result of another party’s negligent actions. And such actions are carried out with the purpose of harming the victim.
2. Negligence And Gross Negligence
Negligence is any action and/or conduct that is undertaken wherein the lack or absence of reasonable care and/or inaction causes another injury or loss. In simpler terms, it is described as an overall “carelessness”.
Gross negligence is a willful act of the first, with emphasis on the other party being aware of his or her reckless disregard of another. This, even to the point of intentionally inflicting harm.
3. Tort Or Tort Lawsuit
A “tort lawsuit”, often referred to as “torts”, are civil wrongs. Civil wrongs belong to a branch of the legal system that has to do with causing harm and/or loss to another. As a result, the perpetrator will be faced with a legal liability to answer for his or her “tort” action. This, so as to provide the victim with relief, whether physical, emotional, financial or in asset and property.
4. Preponderance Of Evidence
The completeness of evidence presented holds much weight in corroborating a personal injury case. Or any other legal case for that matter. A “preponderance of evidence” is the quantity of evidence a plaintiff should provide by way of comparison against that of the pieces of counter-evidences presented by the defendant.
Alternatively stated, you are to present the court with substantial evidence, enough to sway the decision towards your favour. And said substantial evidence has to tip the scales and win “beyond a reasonable doubt”.
5. Statute Of Limitations
These are “limitations” implemented on and around what the legislative body deems proper and fair in setting the scope and the bounds of your case. The same is true when it comes to the legal proceedings to follow it.
More specifically, this is the period within which the plaintiff and his or her legal representatives are to commence and complete the legal charges they wish to be resolved. It is the timeframe for all legal obligations therein to be observed by the defendant.
Statues and their accompanying limitations, in this context, varies per case and case specifics. It will also depend on the statutes of the region, city, and/or state where the personal injury took place.
6. Proximate Cause
A proximate cause speaks of isolating the cause and/or reason wherein which, if absent, the injury, accident, and/or misdeed would not have transpired. It is used interchangeably with the phrase “legal cause”.
Investigating the proximate cause is a crucial step in understanding the incident so that the right accounting of it can quickly push a case forward or otherwise.