Know Your Rights: 6 Key Legal Terms for Personal Injury Claims

Personal injury claims are a complex and often confusing aspect of the legal system. To ensure that you get the compensation you deserve after an accident, it is essential to understand some of the key legal terms that are associated with these types of cases. 

In this blog post, we will discuss six of the most important legal terms you should know before filing a personal injury claim.

1. Maximum Medical Improvement (MMI):

Maximum Medical Improvement (MMI) refers to the point in time when a person’s injuries are unlikely to improve any further with additional medical treatment. This term is often used in personal injury cases to determine the extent of a person’s injuries and the potential for future recovery. Understanding MMI is important because it can significantly impact the amount of compensation you receive for your injuries. If you have reached MMI, it is unlikely that your injuries will improve, and you may be entitled to compensation for any permanent disabilities or limitations.

2. Negligence:

Negligence is a legal term that refers to the failure of an individual or entity to take reasonable care in a situation that could cause harm to others. In the context of personal injury cases, negligence refers to another party’s actions (or inactions) that led to your injury. For example, if you were hit by a driver who was texting while driving, the driver could be considered negligent. In order to prove negligence in a personal injury case, you must show that the defendant had a duty to exercise reasonable care, that they breached that duty, and that their breach directly caused your injury.

3. Expert Witnesses:

Expert witnesses are individuals with specialized knowledge or experience in a particular field and can provide testimony in a legal case to help support your claim. In personal injury cases, expert witnesses can include medical professionals, engineers, accident reconstruction specialists, and other experts who can help to demonstrate the extent of your injuries and the cause of the accident. Expert witnesses can play a crucial role in helping you win your case by providing testimony that supports your claim and helps to persuade a jury or judge in your favor. 

4. Statute of Limitations:

The statute of limitations is a legal time limit for filing a personal injury claim. The time limit varies depending on the jurisdiction and the type of case, but in general, you must file your claim within a certain number of years after the date of the injury. If you do not file your claim within the statute of limitations, you may lose your right to seek compensation for your injuries. This is why it is important to contact an attorney as soon as possible after your accident to ensure that you do not miss the deadline for filing your claim.

5. Strict Liability:

Strict liability is a legal theory that holds an individual or entity liable for any harm caused by their actions, regardless of whether they were intentional or not. In personal injury cases, strict liability can be applied when an individual is injured by a defective product, for example. In these cases, the product manufacturer can be held strictly liable for any harm caused by the product, regardless of whether they intended to cause harm. Strict liability can also be applied in cases involving dangerous activities, such as keeping wild animals as pets or conducting demolition work.

6. Settlement:

A settlement is an agreement between the injured party and the defendant in which the defendant agrees to pay compensation in exchange for the injured party’s agreement to release the defendant from further liability. Settlements can be reached before or after a lawsuit is filed and can be a faster and less expensive alternative to going to trial.

Hire a personal injury lawyer in Boston 

Understanding these six legal terms is important when filing a personal injury claim. By having a basic understanding of these terms, you can be better prepared to navigate the legal process and ensure that you receive fair compensation for your injuries. If you need clarification on any aspect of your personal injury in Boston, it is recommended that you seek the advice of a personal injury attorney at Swartz & Swartz, we can help guide you through the process.

We are committed to helping those affected by car accidents or other injuries in Boston. Our skilled lawyers are dedicated to securing fair compensation for their clients. With a focus on making the process as stress-free as possible, the firm takes care of the legal claim so clients can concentrate on their recovery.