Navigating Legal Jargon: Key Terms Every Personal Injury Client Should Know

In this article, you can discover…

• The difference between a plaintiff and a defendant.
• What is meant by “burden of proof”.
• How these and other terms impact your personal injury case.

What Is A Plaintiff And A Defendant, And How Does It Apply To My Case?

The plaintiff is the injured client. They’ve been hurt and are pursuing compensation from the defendant.

The defendant is the person who caused the accident or caused the injury, and they’re usually covered by an insurance policy. On paper, we’re going after the defendant, but in reality, we’re seeking compensation from their insurance company. This compensation is then paid to the plaintiff in the form of a settlement or an award.

What Does Liability Mean In The Context Of Personal Injury Law?

Liability means “fault”. It’s the way we determine someone to be at fault for the accident that caused your injury and, therefore, at fault for the injury itself.

How Is Negligence Defined And Why Is It Important?

Negligence is when somebody breaches a duty that they owe to somebody else. In our cases it’s usually an at-fault driver who breaches the duty to drive safely and causes a wreck that hurts one of our clients.

What Are Damages And What Types Can One Claim?

Damages are the things you want to be paid back for after a car wreck or an accident. This can include past and future medical bills, income loss, and pain and suffering.

Also included under Arkansas law may be the “nature, extent, and duration of injuries”; this refers to the things you could once do but can no longer do because of your injury and helps compensate you for that loss.

What Does Settlement Mean And How Is It Reached?

A settlement happens when a defendant’s insurance company offers to pay you money to drop your case against the defendant. At this juncture, the insurance company realizes that you have a strong claim and would likely win in court. They, therefore, offer to settle and pay money before the case can go to trial.

What Is The Difference Between A Trial And A Settlement?

A trial is when we go in front of a judge and jury and present all the evidence of our client’s damages.  We show everything that they deserve to be paid back for. We also argue liability and why the defendant should be made to pay that. A trial is very formal and drawn out. It’s a lengthy process and can be expensive for both sides, especially for the insurance company.

A settlement is when we show the insurance company what evidence would be presented at trial, what we’re going to prove, and how we’re going to argue that the defendant is at fault. The defendant’s insurance company then offers to provide a settlement and pay money instead of having to go to trial.

Attorney Bradley Mullins is a conscientious personal injury lawyer based in Arkansas. For over 10 years, he’s helped clients just like you better navigate Arkansas law and get the superior representation they deserve.

Injured and unsure of your rights?
Reach out to Mullins & Blake Attorneys at (479) 337-7077 for an initial consultation today!

What Does Burden Of Proof Mean For My Personal Injury Case?

In Arkansas, the plaintiff, the injured party, has the burden of proof. This means your legal team will need to prove that…

• It’s more likely than not that the defendant caused the wreck.
• The defendant is at fault.
• And that the damages you are seeking from the defendant are related to that wreck.

The defendant, in contrast, doesn’t have to prove anything.

Proving all of this through a settlement or trial is the task of a lawyer. An attorney’s job is to carry that burden for you, prove that the other party is at fault, and prove that your damages and medical bills are related to that fault.

What Are Statutes Of Limitations, And How Do They Affect My Claim In Arkansas?

A statute of limitation is a deadline. It’s the time that you have to either file your lawsuit and get ready for trial against the defendant or settle your case and accept a settlement offer.

In Arkansas personal injury and car wreck cases, the statute of limitations is three years. If you’re in a car wreck and either don’t accept a settlement before three years is up or don’t file a lawsuit before three years is up, then your claim is barred, and you are not entitled to compensation.

Due to these statutes of limitations, seeking legal help as soon after your accident as possible is best.

How Is Compensation Calculated In Personal Injury Cases?

Compensation is calculated by considering two factors: hard damages (such as lost wages and medical bills) and pain and suffering.

Hard damages are easier to calculate through bills and pay stubs. Compensation for pain and suffering is argued by your attorneys based on the hurt, indignity, and changes to your quality of life caused by your injury.

All the things you couldn’t do while recovering from your injury or still can not do (such as gardening, playing with grandchildren, or running marathons) are worth something, and your lawyer will help argue for the most money possible to pay you back for the loss you’ve experienced.

How Does Your Firm Provide Support To Clients Who Are Overwhelmed By Interacting With All This Information For The First Time?

We have three offices and they’re all staffed full-time, with several employees. We don’t require our clients to make an appointment. We have a 24/7 texting line. From the moment we sign somebody up, we become their advocate and we’re available at any point in time through text, email, in-office appointments.

We want to make sure that all questions and concerns our clients have are addressed in full. When you hire us, you’re not paying us hourly; you get total access to us and our firm for any resources and any questions you may have about your case until the end.

For more information on Navigating Legal Jargon In Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 337-7077 today.