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"My case was handled quickly and with ease."
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Personal Injury Terminology


Personal Injury

With decades of practice experience, the Gainesville personal injury attorneys, of The Law Office of Alba & Yochim P.A., understand just how stressful an accident can be, for both the victim and also their loved ones. For many of us that have been affected by an accident, you may be presented with a number of legal and medical terms that either you have never heard before, or do not fully understand. This is particularly true when dealing with insurance companies who, despite having a duty to act in good faith, often prefer the victim know as little as possible regarding legal rights to recovery. Our injury attorneys provide the following as a general overview of some basic personal injury terminology:

Civil Action: A lawsuit brought forth by a person or entity seeking compensation for the injury or loss caused by another. Compare to a criminal action, which is brought forth by the government as a result of an individual’s unlawful conduct. Some Personal Injury cases may involve both civil and criminal action.

Personal Injury: A broad legal term used to categorize an incident or accident, typically caused by the negligence of another, which results in injury or death. This may be further categorized into type of accident, such as auto or motorcycle collision, bicycle or boating accident, or by the legal issues involved, such as premises liability, products liability, or wrongful death.

Wrongful Death: A legal term which refers generally to the rights, remedies and procedures which allow compensation to be sought by certain family members of the victim in a fatal accident. Most states have laws regarding this type of personal injury, such as Florida’s Wrongful Death Act.

Negligence: refers to a failure to act in a reasonable manner under given circumstances, despite owing a duty to others to behave in a particular way.

Liability: In the legal context, a term referring to the assignment of fault to one or more parties having been the cause, whether in whole or part, of an accident or injury.

Damages: Refers to the losses incurred, whether to person or property, and which are directly or proximately related to a specific event, or series of events.

♦ General Compensatory Damages: Damages sustained as a direct result of an accident, but cannot be easily quantified, such as pain and suffering; mental anguish; scaring or disfigurement; and reduced employment capacity resulting from permanent injury.

♦ Special Compensatory Damages: Damages that can be easily quantified, such as medical bills, lost wages and out-of-pocket expenses.

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The personal injury process can be highly complex. While understanding basic personal injury terminology can certainly be beneficial, it is also important that you have an advocate on your side who will safeguard your legal rights. Depending on the type of accident and legal issues involved, there may be provisions under federal, state, and local law applicable to your matter. Our experienced Gainesville accident and injury attorneys will evaluate your matter, answer any question or concerns that you may have, explain your legal options, and determine a course of action most suitable for your particular matter.

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