Terms to Know In A Georgia Personal Injury Case, M-Z

Terms to Know In A Georgia Personal Injury Case, M-Z

Terms to Know In A Georgia Personal Injury Case, M-Z

Today’s blog is the second part of a summary of the important terms that any individual should know if he or she is involved in a personal injury case. Stay tuned for informative legal information in future blogs. The attorneys at H. Lehman Franklin, P.C. are experienced lawyers who may offer assistance to anyone who suffers losses due to a circumstance that causes personal injury.

Medical Malpractice: A negligent act or omission by a professional health care provider, doctor or surgeon, who deviates from the accepted and applicable standard of care thereby causing harm to a patient.

Negligence: This refers to conduct which fails to equal the legal standard of care and thereby fails to protect persons from unreasonable risks of danger, injury, and harm.

Personal Injury: An area of law and legal practice which relates to the physical, emotional, and financial harm caused by another party who fails to use, at a minimum, reasonable care. Personal injury litigation includes both intentional and unintentional torts, which is a civil wrong, and therefore litigated in Georgia civil courts rather than criminal courts.

Plaintiff: In civil law, the party who initiates a legal cause of action by filing a complaint.

Prayer for Relief: Every complaint must contain a paragraph whereby the plaintiff requests “that which it seeks,” a resolution in the form of some action or sum of money, typically the latter.

Premises Liability: The potential legal responsibility of every property owner and occupier to provide compensation to parties that suffer harm or injury while on their premises.

Preponderance of Evidence: This refers to the amount of evidence necessary for a plaintiff to win a civil lawsuit. Simply put, a preponderance of evidence is defined as proof that has more weight than the evidence offered by the defendant.

Products Liability: This area of law holds manufacturers, distributors, suppliers, retailers, and other parties who make defective products available to the public responsible for injuries caused by their defective products.

Proximate Cause: The primary reason why the final result of an event was an injury. It is damage which, but for the accident, would not have occurred.

Settlement: This term refers to a case that is resolved without a damages award being rendered by a judge or jury. Instead, both parties resolve their dispute based on a mutual agreement. This may occur before or after the beginning of litigation.

Standard of Care: In cases involving negligence, this term refers to the degree of care which a reasonable person would have used under the same or similar circumstances. It’s the standard of conduct to which a reasonable person must conform.

Statute of Limitations: Established by each state for matters over which they have jurisdiction, these statutes set forth the amount of time to bring or file a particular cause of action. These statutes typically vary in civil cases from one year to ten years, and in some cases, even longer. The public policy behind these laws is to ensure that claims are litigated while evidence is available and fresh, as well as to dispel any continuing threat of litigation after the event in question has taken place.

Strict Liability: This theory of liability states that defendants are liable for harm caused by their actions regardless of their intent or level of care. This theory is primarily used in products liability cases involving defective products.

Tort: A civil wrong or injury committed by one entity against a person or property that may be based on intent, negligence, or gross negligence. The party at fault is liable for any resulting losses to person or property. Examples of torts include negligence, assault, false imprisonment, fraud, nuisance, and trespassing.

Vicarious Liability: The liability of one person for the torts of another. In circumstances and situations where vicarious liability applies, one party is held responsible for the actions or omissions of another party. In the workplace, an employer may be held liable for the acts or omissions of its employees who cause injury to others while acting in the course of their employment.

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