Personal Injury Glossary
As a personal injury attorney in Colorado Springs, we know that filing a personal injury claim can be confusing and overwhelming. Throughout the process, you will be exposed to complex terminology that might not make sense to you. Understanding the terminology used throughout a personal injury claim is an essential part of comprehending the actions that are taking place. To help you better understand personal injury claims, Kim Welch Law has put together a glossary of common terms and phrases that are used.
When a defendant files a written pleading in response to a plaintiff’s complaint. An answer includes the defendant’s version of events, where he or she admits or denies the allegations.
Assumption of Risk
An individual knowingly and voluntarily exposed themselves to a certain risk or danger. When this is proven, that individual is ineligible to receive compensation for damages.
A defendant is the individual, company, or organization at fault and being sued.
Requires both legal parties involved in a lawsuit to disclose all relevant information and findings and answer questions under oath.
Duty of Care
An award of damages assigned by a judge or jury following a verdict.
Malice is when someone intentionally harms another individual.
Modified Comparative Fault
If a plaintiff is found to be partly responsible for an accident, the amount they can be awarded for damages may decrease. Each state has different rules for how much a plaintiff can recover if they are found to be partly at fault.
A written or oral request for the court to rule on a legal issue. Motions can include a motion to dismiss, a motion to vacate a default judgment, and a motion to strike.
A property owner’s responsibility to create a safe environment for others to occupy. An example of a premises liability would be a store owner’s failure to clean up a leak or a spill, which then led to a slip and fall accident.
A settlement occurs when both parties reach an agreement and end a lawsuit or claim.
Statute of Limitations
A lawsuit must be filed within certain time limits, also known as a statute of limitations. If a claim is not filed within the allotted time, then the plaintiff gives up their right to file a lawsuit and further pursue the claim.
When an individual dies due to the negligence of another person, their survivors can seek to be compensated for their loss. Usually, spouses and dependent children are able to sue for wrongful death.