When you or someone you care about gets hurt in an accident, things can feel confusing. Doctors, insurance companies, and even lawyers might start using big words. But don’t worry—this guide will help you understand the basic legal terms used in personal injury (PI) law.
In Dania Beach, accidents are more common than you might think. According to recent reports from Florida Highway Safety and Motor Vehicles, Broward County had over 40,000 car crashes in 2023. Many of these accidents happened in and around Dania Beach.
When someone gets hurt in a crash, slip-and-fall, or other accident, they might need help from a Dania Beach personal injury attorney. Knowing some legal terms can make talking with an attorney easier.
1. Personal Injury (PI)
“Personal injury” means any harm caused to your body, mind, or emotions. It does not cover things like a broken phone or a damaged car. For example, if you slip in a store and break your arm, that’s a personal injury. These types of injuries can happen in many ways—car crashes, falls, dog bites, and more.
2. Negligence
Negligence means someone did not act with enough care and caused an injury. For example, a driver who is texting and crashes into another car is acting negligently. Most personal injury cases need to prove that someone else was negligent.
3. Duty of Care
“Duty of care” means that a person or business has a legal duty to keep others safe. For example, a store owner must clean up spills so people don’t fall, and a driver must follow the speed limit. If someone fails to meet their duty of care, they may be held responsible.
4. Breach of Duty
When someone breaks or “breaches” their duty of care, that’s a breach of duty. This is the second step in proving negligence. For instance, if a store knew about a wet floor and did nothing, that’s a breach.
5. Causation
Causation means that the breach of duty caused the injury. There are two types:
- Actual cause: The direct reason the injury happened.
- Proximate cause: The injury was a likely result of the person’s actions.
To win a case, both must be proven. If someone runs a red light and hits a person crossing the street, that’s both actual and proximate cause.
6. Damages
“Damages” is the legal term for the money a person gets after an injury. There are three types:
- Economic damages: These are easy to count, like medical bills or lost pay.
- Non-economic damages: These are harder to count, like pain, stress, or the inability to enjoy life.
- Punitive damages: These are meant to punish the person who caused harm. They are rare but can happen in severe cases, like drunk driving.
7. Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. In Florida, most personal injury claims must be filed within two years from the date of the injury. If you wait too long, you may lose the right to take legal action.
8. Comparative and Contributory Negligence
These terms help courts decide who was at fault.
- Comparative negligence: Even if you were partly at fault, you can still get money. But the amount may be less.
- Contributory negligence: In some places, if you were even a little at fault, you can’t get anything. Florida uses comparative negligence, so you might still recover some damages even if you share some blame.
9. Liability
Liability means being legally responsible for something. In PI law, it means the person or company is at fault for the injury.
There are different types:
- Strict liability: Someone can be held responsible even if they didn’t act carelessly, like in some dog bite cases.
- Vicarious liability: A company can be held responsible for what an employee did.
- Joint liability: Two or more people share the blame.
10. Settlement
A settlement is an agreement to end a case without going to court. Most PI cases end this way. The person who was hurt agrees to take a certain amount of money, and both sides move on. Settling can save time and stress.
Conclusion
Understanding these legal terms can help you feel more confident when dealing with a personal injury case. Whether you’re speaking to a lawyer or filling out forms, knowing the words makes a big difference.
