Accidents can be confusing and stressful, especially if you’ve never filed a claim or dealt with an insurance company before. Sorting through legal jargon only adds to the complexity. That’s why we’ve put together this glossary of important personal injury terms. Whether you’re dealing with a car crash, a slip and fall, or any other type of accident in Oklahoma City, these definitions will help you understand how the process works.
If you have more questions, remember that you can always set up a free consultation with an experienced personal injury lawyer for personalized advice.
Personal Injury
A legal term referring to any physical or emotional harm caused to an individual by another person’s negligence or intentional act. It typically involves seeking financial compensation for medical bills, lost wages, pain and suffering, and more.
Negligence
Negligence is the failure to act with reasonable care that causes harm to someone else. It is the foundation of most personal injury claims, requiring proof that someone owed a duty of care and breached it, leading to injury.
Duty of Care
This is a legal obligation to act in a way that prevents harm to others. In Oklahoma, drivers owe a duty of care to follow traffic laws, while property owners must maintain safe premises.
Breach of Duty
This is when someone has failed to meet the established duty of care. For instance, a driver who speeds or texts behind the wheel has breached their duty to drive safely.
Causation
There must be a link between the breach of duty and the injuries suffered by the victim. In other words, you must show that the defendant’s negligent actions directly and proximately caused or contributed to your harm.
Damages
These are the financial, physical, and emotional losses you have endured from an accident. Damages can be economic (like medical bills or lost wages) or non-economic (like pain and suffering).
Comparative Negligence
This system reduces your compensation if you share some blame for the accident. Under Oklahoma’s modified comparative negligence rule, you can still recover damages even if you were partly at fault (as long as you weren’t more at fault than the other party).
Uninsured/Underinsured Motorist Coverage (UM/UIM)
This is additional insurance that covers your losses if the at-fault driver lacks sufficient insurance. UM/UIM can help make up for costs in these circumstances.
Contingency Fee
This is a payment arrangement in which your lawyer only gets paid if they recover money for you. It allows you to hire skilled legal representation without any upfront costs.
Statute of Limitations
This is a legal deadline for filing a personal injury lawsuit. In Oklahoma, most injury claims must be filed within two years, or you will lose your right to compensation.
Settlement
This is an agreement between you and the at-fault party (or their insurer) to resolve your claim without going to trial. A settlement can happen at any stage, but a lawyer can negotiate for the best offer.
Demand Letter
This is a document your attorney sends to the insurance company outlining your injuries, losses, and a proposed settlement amount. It’s often the first step in settlement negotiations.
Liability
This is legal responsibility for an accident or injury. If you can prove another person or company is liable, they must compensate you for your losses.
Pain and Suffering
This is a category of non-economic damages that compensate you for physical discomfort and emotional distress. Although harder to quantify, they can significantly increase the value of your claim.
Wrongful Death
This is a legal claim brought by the family of someone who died because of another party’s negligence or wrongdoing. A wrongful death claim allows them to seek compensation for funeral costs, lost support, and other related losses.
Discovery
This is a pre-trial phase in which both parties exchange information and evidence. It may include depositions, interrogatories, and requests for documents.
Litigation
This is the legal process of resolving disputes in court, starting with filing a lawsuit and potentially leading to a trial if no settlement is reached. Although some cases reach court, many settle beforehand.
Verdict
This is the final decision made by a judge or jury in a court trial. If the verdict favors you, they typically award you damages, including the possibility of punitive damages in rare cases.
Contact an Oklahoma City Personal Injury Lawyer Today
Understanding these personal injury terms is just the first step toward protecting your rights after a serious accident. If you or a loved one has been hurt due to someone else’s actions, an experienced lawyer can guide you through Oklahoma’s legal system and secure money damages on your behalf.
Legal representation is key to maximizing any financial recovery, from dealing with insurance adjusters to accurately calculating your damages. Contact our Oklahoma City personal injury attorney today at Laird Hammons Laird Personal Injury Lawyers or call us at (405) 703-4567 to get started with a free consultation.
