Legal terminology can be confusing—even for some lawyers. Many of these “words of art” come from Latin, and few of us are fluent in that language. For example, “ex parte” means on behalf of” and “donatio mortis causa” is Latin for a deathbed gift.
We won’t try to teach a course on Latin, but to help regular civilians with some of this confusing terminology, we’ve taken some of the most common terms used in personal injury law and defined them in plain English.
Affidavit: a formal written statement that’s made under oath.
Assignment of Benefits: this is a transfer of insurance policy benefits to another party, such as a healthcare provider that treats the accident victim, which permits that provider to be paid directly.
Burden of Proof: when a party has the obligation to prove its claim is accurate and true, they are required to demonstrate that their claim to be factual. In the personal injury context, a plaintiff must show that the other motorist driver was negligent.
Causation: this means to make something happen. In negligence, the plaintiff must show that their injury was directly caused by the actions or inactions of the defendant. In other words, the plaintiff has to prove that the defendant’s breach of duty directly resulted in his or her injuries.
Claims Adjuster: The insurance company’s representative who investigates and coordinates the accident plaintiff’s claim. Always speak to a personal injury attorney before providing information to a claims adjuster, as their job is to minimize or diminish an auto accident victim’s claim.
Contingency Fee: this is the compensation that’s paid to an attorney when he or she successfully recovers a settlement or a jury award for their client. The lawyer gets a percentage of the verdict or settlement amount. However, If the lawyer is unsuccessful, no fee is charged to the client.
Damages: the personal injury compensation the accident victim or patient seeks in a legal action. In Michigan, personal injury damages are divided into economic and non-economic damages. Economic damages are demonstrable costs, like medical bills. Non-economic damages are aspects of the injury that don’t have a dollar value, such as pain and suffering or emotional anguish.
Deposition: oral testimony that’s given under oath where a party’s attorney questions the opposing party or witnesses. A deposition is usually conduced in an attorney’s office with both side’s counsel present and documented by a court reporter.
Discovery. the investigation that happens prior to trial where the parties investigate the case. Written discovery is interrogatories or request for production, and oral discovery is a deposition.
Duty of Care. This is a requirement that an individual or entity (like a hospital) act towards patients with the care that a reasonable person (doctor or hospital) would use in the same situation. When a defendant fails to meet this standard of care, their actions are considered negligent, and a plaintiff may recover compensation for their.
First-Party Claims: claims made against an auto accident victim’s one’s own insurance company (as opposed to against an at-fault driver’s insurance company).
Interrogatory: an exchange of written questions between parties of a legal action that’s used to uncover important information. It’s also a type of written discovery.
Medical malpractice: this happens when the treatment and care provided by a doctor or hospital is negligent or fails to meet the established standard of care, resulting in patient’s injury or death.
No-Fault: another term for Personal Injury Protection, which is a type of auto insurance coverage that provides first-party benefits for medical expenses, loss of income, funeral expenses, and similar expenses no matter who’s at fault.
PIP: This is short for Personal Injury Protection, which is a type of auto insurance coverage mandated by the state of Michigan that requires insurers to provide first-party benefits for medical expenses, loss of income, funeral expenses, and similar expenses without regard to fault.
Statute of Limitations: this is the time limit in which a plaintiff must initiate a lawsuit.
Summary Disposition: the court’s ruling that ends a lawsuit in favor of one of the parties prior to trial. A party will file a Motion for Summary Disposition when they believe that there’s no issue of material facts in dispute, and it’s clear that that party is entitled to judgment as a matter of law.
Testimony: evidence offered by a witness under oath at a deposition or trial.
Tort: a negligent or wrongful conduct by an individual or entity that causes an injury to another. The victim can bring a lawsuit seeking damages and compensation for that civil wrong.
Underinsured Motorist Coverage (UM): this is an motor vehicle insurance policy term that extends coverage to include property and bodily damage caused by another driver would doesn’t have enough insurance coverage.
Uninsured Motorist Coverage (UIM): This insurance policy term gives a motorist coverage if the other motorist is at fault for the accident but isn’t insured.
Wrongful death: a death that’s been caused by the negligence of another that’s typically initiated by the decedent’s family or beneficiaries.
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For a free consultation with an experienced Michigan auto accident attorney in Grand Rapids, contact Buchanan Firm. Our law firm proudly serves people all across Michigan, including major cities like Grand Rapids and Detroit, and rural towns such as Lowell, Ada, Fremont, Newaygo, Grand Haven, Rockford, and Cedar Springs.