Glossary: Colorado Springs Personal Injury Terms

Glossary Personal Injury Terms

Written by Jeremy D. Earle, JD

Warrior's mission is to fight for you when you need our help, just like it’s our own family. Our team of experienced legal professionals are committed to providing high-quality content and accurate information. Should you find an error within any of our website content, please feel free to contact us to let us know.

March 25, 2022

Personal injury and civil trial lawyers often use the following terminology to describe the many aspects of their work.

When you work with the Warrior Injury Law, we want you to know everything about your case from the beginning.

We have hundreds of blog posts on various subjects available on our website so that our customers can learn about practically any topic.

Similarly, this lexicon performs the same function. An easy-to-use dictionary of phrases you’re likely to come across when looking for compensation is provided. We hope they’re useful to you.

A

Accident Report –It is a written account of an accident by a person of authority, such as a police officer or medical staff member.

Act of God –When anything happens without human interference, it’s called an “act of God.” This includes natural disasters like floods, lightning strikes, earthquakes, and tornadoes.

Alternative Dispute Resolution –Use procedures other than litigation, such as mediation and arbitration, to settle a legal disagreement. See also: arbitration and mediation.

 Answer –Legal answer; official written response to a complaint by the opposing party.

Appeal –An appeal is a request for a higher court to overturn a lower court’s judgment; a petition for a higher court to consider the lower court’s decision to overturn it.

Arbitration –Legal disputes between plaintiff and defendant are heard and settled by a neutral third party, whose judgment is binding. It’s common for the third party to be an off-duty judge or attorney in these “mini-court” cases. The arbitrator’s ruling is binding on both parties since they agreed to it in their contract. It is typically seen as more efficient, quicker, and less expensive than going via the court system.

Assignment of Benefits –An insurance policy’s benefits may only be transferred to another party with the insured’s express written authorization, which is required to assign benefits. Assigning one’s medical benefits to a hospital or doctor is the most common form of this practice.

Attorney-Client Privilege: A legislation that protects the confidentiality of communications between an attorney and their client. As a result, the opposing party will not be able to seek the information in discovery, which prevents both parties from distrusting one other. The attorney-client conversation is completely confidential.

B

Bad Drug – See Medication Defective 

Bad Faith Claim –When a person’s claim is rejected, but they believe it should have been covered, they may file a “bad faith” lawsuit against their insurance company, alleging that the company denied or delayed their claim unfairly or refused to pay out the entire amount of their claim without good reason.

Benefit –Personal injury law defines “benefit” as financial help from an employer, insurance company, or government program (such as social security) during illness, incapacity, or unemployment. Benefits include monetary remuneration for work performed and medical expenses covered and paid for by an insurance company.

Bodily Injury –Damage to a person’s body includes bruises, burns, wounds, poisonings, fractured bones, nerve damage or bodily harm. Accidents, carelessness, and purposeful acts all have the potential to cause bodily harm. Assault, battery, and other types of intentional physical harm are criminal offenses, but unintentional and negligent injuries may lead to a civil case.

Burden of Proof –It is the responsibility of those who have the burden of evidence to establish that their assertion is correct and truthful. As with any legal claim, it is the plaintiff’s burden of evidence to establish that the defendant was at fault, whether via negligence or bad faith on their part.

C

Causation – The act or process of causing something to happen; making something happen. The plaintiff in a negligence lawsuit must prove that the defendant’s actions directly contributed to their damage (or failed to do).

Claim –In an insurance claim, the insured asks the insurance company to cover and pay for damage or injury they have experienced due to the defendant’s carelessness, a legal action related to the plaintiff’s or wounded victim’s bodily or emotional pain.

Claim Adjuster –They work for the insurance company and are bound by their rules and regulations. Claim Adjuster – The person who serves as a point of contact between an insured and their insurer, conducting investigations on their behalf and approving medical and rehabilitation treatment plans.

Compensable Injury –injuries resulting from an accident that occurred while the employee was at work and during the employee’s job are compensable. “compensable injury” refers to any injury covered by workers’ compensation. An injury that did not arise on the job or as a result of employment might be ruled out in a workers’ compensation lawsuit using this phrase.

For example, if a worker on the construction site drops a block on their left foot, they would be entitled to compensation. A damaged left knee from years of marathon running will not be compensable if discovered during that lawsuit.

The word “compensable” may be used in various contexts, but it’s most typically used in workers’ compensation disputes.

Compensatory Damages –For more information on damages, see Payback Damages.

Complaint –Claims for legal rights against another party are made in the complaint, the formal document that initiates a lawsuit. Includes any claims of misconduct on the part of the plaintiff.

Compulsory Medical Examination –An Independent Medical Examination – See Compulsory Medical Examination.

Concussion –A concussion is a traumatic brain injury caused by a severe blow or jolt to the head. If you experience a loss of consciousness, it’s not always a sign of the illness itself. Symptoms include nausea, dizziness, disorientation, and headaches. Repeated concussions may cause life-threatening consequences. See Symptoms of a Concussion

Contusion –This fee is charged if anything goes wrong due to a lawyer only if the lawsuit is successful. The attorney’s fee is contingent on a successful settlement.

Contingency Fee –Injury to tissue or skin when blood capillaries have been broken; medical name for what is more generally known as bruises.

D

Damages –are the compensation received in a civil court proceeding for harm or loss caused by another party’s carelessness.

  • Compensatory–Damages awarded to make the plaintiff “whole” again are compensatory.
  • Exemplary–See Punitive Damages, under Damages, for an example.
  • General Damages–Other harm that is difficult to put a monetary number on, such as mental agony and emotional distress, companionship loss, embarrassment as a result of scars on one’s body or loss of projected business, are all included in the category of general damages. Still a compensating measure.
  • Punitive Damages–To teach a lesson, punitive damages may be awarded to the defendant to deter them in the future. In a civil action, it is very rare, although it does arise in circumstances of carelessness or willful misconduct.
  • Special Damages–Medical and hospital expenditures, ambulance fees, lost pay, property repairs, and replacement prices are all examples of special damages as compensation.
  • An insured’s share of the cost of a claim is known as the deductible. The insurance company will pick up the slack when the deductible is met.
  • Deductible–Medication that has caused damage to a patient is referred to as “defective.” Laws governing defective drugs are a subset of the broader field of product liability. According to the three categories of defective drug claims, there are three types of claims:

Defective Medication –When a pharmaceutical medicine is made incorrectly or polluted during manufacturing, it has a manufacturing defect and may damage the patient.

  • Manufacturing Defects: The medicine was created properly. However, the side effects induced by the drug are harmful or detrimental to the patient.
  • Design Defects: Providing insufficient or inappropriate information on drug use or general information about the drug is known as a failure to warn.
  • Failure to Warn: Person or organization being sued (the “defendant”), as opposed to a plaintiff in a civil lawsuit (the “plaintiff”).

Defendant –A letter demanding action from the other party, frequently coupled with a threat of legal action, is known as a demand letter.

Demand Letter –Out-of-court question and answer session; testimony under oath, recorded outside the courtroom and generally documented by a court reporter; the questions are posed by opposing counsel with the party’s attorney present to have an official written account of what transpired. Deposition

Deposition –Documents and other material requested or otherwise sought by the opposing party; to provide information crucial to a lawsuit. Disclosure.

Disclosure –Obtaining evidence from the other side is known as discovery, and it comprises a variety of methods such as interrogation, deposition, request for papers and records, medical examination of the plaintiff, and admissions. Refer to the section under “Requests.”

Distracted Driving  –Distracted driving is operating a motor vehicle when one’s attention is diverted from the road and the driving duties. Examples of distracted driving include:

  • Using a mobile phone while driving
  • navigating using a GPS device
  • Emailing or texting
  • Eating
  • Grooming
  • Changing the sound system’s settings

Drivers’ visual, physical, and cognitive attention is required while texting, making it a particularly dangerous kind of distracted driving.

Driving Under the Influence (DUI) – Operating a vehicle when impaired by alcohol, drugs, or a combination of these is known as driving while intoxicated (DUI). DUI is demonstrated in Colorado by failing a Standard Field Sobriety Test or having a blood alcohol concentration (BAC) or breath alcohol concentration (BAC) of.08 or higher. Fines, community service, probation, and jail are all possible outcomes of a criminal conviction.

The phrase “driving while intoxicated” or “driving while impaired” (DWI) may be used in other states, or the two words may have somewhat different meanings. DUI is the only offense that exists in the state of Colorado.

Duty of Care –To behave with the care, attention, caution, and prudence that a reasonable person would use in the same circumstances toward others and the general public is to owe one’s duty of care to them. A person’s activities are deemed negligent if they do not satisfy this standard of care, and any damages may be claimed in a negligence lawsuit. For example, a company that is open to the public is responsible for ensuring that its shop is free of any risks and generally safe

.

E

Emergency Medical Condition (EMC) –Medical conditions with severe symptoms, such as severe pain or trauma, such that a lack of immediate medical attention could reasonably be expected to result in any one of the following: serious danger for the patient’s health, serious bodily function damage, or serious damage to any one of the patient’s bodily organs or body parts; In order to get the full $10,000 in benefits under Colorado’s PIP regulations, a medical expert must now determine a patient to have an EMC. PIP is a good place to start.

Excess Judgement – Damages in excess of the policy limit that an insurer is obliged to pay by a judgement when it is determined that an insurer acted in bad faith in settlement of a claim.

Benefit Exhaustion – When a party is no longer eligible for help; all funds provided have been used up.

Exemplary Damages –See Damages for further information.

Expert Witness –Scientific, technical, or professional expertise may be shown via the testimony of an expert witness. An attorney, for example, may call in a neurologist to testify about the damage to a client’s brain, allowing the court to hear it straight from the source.

F

Fault –To be at fault is to do something wrong or make a mistake that results in harm to another person, whether that failure is deliberate or the result of carelessness. Mistakes might result from a lack of knowledge, carelessness, or even a lack of competence. So, if you injure someone else because you didn’t take sufficient measures, didn’t consider the people around you, or didn’t have the abilities required to complete a task, all of those things are considered acts of blame.

The most prevalent context in which the word “fault” is used is in the context of automobile accidents (e.g. Who was at blame? Uninsured motorist coverage. My client was judged to be completely blameless in this mishap.

Field Adjuster – Unlike a claims adjuster, a field adjuster spends most of their time visiting with claimants, investigators, and/or damage inspectors face-to-face, negotiating settlements with them, and investigating the circumstances around an accident. Some of these responsibilities may fall to a claims adjuster, but their focus is on resolving the claim.

First-Party Claims –Those claims filed against one’s own insurance company, rather than against someone else’s insurance company, are known as First-Party Claims.

G

General Damages –See Damages for further information.

Good Faith –Being in good faith is behaving honestly and without taking advantage of another person; not acting with the intention of defrauding somebody. When an accident occurs, an insurance company makes good on its promise to pay for specific losses that have been incurred.

H

Hazard –Conditions that enhance the likelihood of damage or harm, such as a crack in the pavement, an aisle spill, a work vehicle without suitable illumination or insufficient lighting on stairs in front of a company, constitute a hazard.

Health Care Expenses –Spending on medical treatment, including visits to a variety of specialists and general practitioners, may add up to a significant amount.

HIPPA Act –In the United States, the Health Insurance Portability and Accountability Act (HIPPA) is an acronym for a law requiring consent from the patient or an authorised person in order to access a patient’s medical records and other health information under the terms of the Health Insurance Portability and Accountability Act.

I

Income Replacement Benefits (IRBs) –Income Replacement Benefits (IRBs) — Money provided to an injured individual who is no longer able to work, normally by the vehicle insurance company, in the event of a car accident.

Independent Medical Examination –Legally mandated second medical opinion sought by the defendant or insurance company; the plaintiff must get this second opinion. Because of the widespread belief that they are biassed, these exams are sometimes referred to as Compulsory Medical Examinations (CMEs).

Insurance –In return for a recurring cost (referred to as a premium), one party (the insurer) undertakes to compensate another (the insured) for losses incurred as a result of particular risks or dangers. (It’s also known as reassurance.)

Insurer –A firm or organization that offers insurance coverage.

Insured –The person who is covered by an insurance policy is known as the insured.

Interrogatories – An interrogatory is a set of questions drafted by a lawyer on behalf of a party that the other party must answer under oath within a certain period of time. After the plaintiff’s attorney analyses the document, it is signed by the respondent in front of a notary and the process is complete.

J

Judgment –In a court case, a judge makes a final ruling on all the disputed points and closes the case; the rights and claims of each party are determined.

Jury Instructions –During deliberation, jurors are given instructions on how to reach a verdict, the applicable laws, and what evidence must be presented and by whom.

K

Known Loss Rule –Rule prohibiting people from purchasing insurance to cover items that have already been destroyed, lost, or otherwise need coverage because of the term “known loss,” which refers to a loss that has already happened and was known to the insured.

L

Legal Malpractice –All instances of legal malpractice include the following four components: duty, breach, cause, and damages. A lawyer owes it to their client to behave with honesty, good faith, fairness, integrity, and reliability in all interactions and relationships. They must also have the same level of legal expertise and understanding as other professionals in their field.

A lawyer should not engage in any conduct that seems to be improper, or even imply that it is. See also Malpractice.

Letter of Protection –When an injured person cannot afford the medical treatment they need, they may get it on credit from a healthcare expert in return for a commitment to pay for the services straight from their settlement or judgement.

Liability –Legal responsibility for one’s actions or inactions; a duty to which one is legally compelled to comply, usually requiring the payment of monetary damages. One of the most important legal terms.

Limitation of Risk –An insurer’s maximum liability in the case of a claim is known as the “limitation of risk.”

Litigant –The word “litigant” refers to both the plaintiff and the defendant in a lawsuit. A co-defendant or co-plaintiff may be included, but not a witness or counsel.

Litigation –Litigation is the act of bringing a legal action or a lawsuit against another person or entity.

Litigation Risk –There are many unknowns when it comes to personal injury lawsuits, such as a harsh judge, poor witness presentation, a sudden surprise from the defendant or last-minute evidence that could affect the outcome of the case. Your attorney will assess the likelihood of winning a case in court rather than settling out of court. It’s hazardous to go to court.

Loss –An injury or damage’s monetary worth as determined by a personal injury claim, including: pain and suffering, lost wages in the short-term and the long-term, medical expenses in the present and the future, and current medical bills, is known as “loss.”

Having to take time off work, change employment, or give up working altogether because of an accident has resulted in the wounded person earning less or nothing at all, which has a negative influence on their financial condition.

M

Malpractice –An mistake, carelessness, or even intentional wrongdoing by a professional—such as an attorney, a physician, a dentist, or an accountant—can lead to malpractice, in which a client or patient is hurt or damaged as a result. Medical malpractice and legal malpractice are two examples of wrongdoing.

Mandate –Mandates are orders issued by courts to carry out a ruling, sentence, or decree.

Maximum Medical Improvement (MMI) – An injured person’s health or injury stabilises and no more progress or recovery is predicted even with further medical treatment; to use an idiom, the injury’s recovery is as good as it gets; therapy for an injured person has reached its plateau. It is most often utilised in workers’ compensation situations where interim benefits are offered until the patient achieves MMI, at which time the patient is evaluated for permanent impairment and any further benefits. This is due to the fact that no insurance company will continue to pay for therapies if a doctor believes the disease cannot get better.

Mediation –Both parties must agree to the impartial third party, who acts as a mediator, in order to establish a mutually acceptable agreement in mediation.

Medical Malpractice –Professional negligence by a doctor or a hospital that deviates from the appropriate standard of care and causes harm to a patient is known as medical malpractice. Often difficult to establish; needs witnesses who can attest to the wrongdoing done. See also Malpractice.

Mesothelioma –Tumors of the epithelium lining the lungs, abdomen, or heart that are frequently malignant; commonly linked to asbestos exposure. Fibers of asbestos are highly long-lasting, resistant to fire, and impervious to most chemical reactions. Asbestos was utilised extensively in a variety of commercial and industrial applications, including, but not limited to, roofing shingles, floor tiles, ceiling materials, cement compounds, textile goods, and automobile components, because of these qualities.

Its usage was halted because it was shown to be carcinogenic, but individuals who are exposed to it still have health problems as a result of it.

Motion –Request for a judge to rule or take action; the judge either refuses or approves the request.

N

Named Insured –In contrast to individuals who may be protected but aren’t expressly mentioned in the insurance policy documentation, N Named Insured someone whose name appears on the policy.

Negligence –Failure to exercise due care under the circumstances; four components of negligence are a duty owed to a plaintiff, a violation of that obligation by the defendant, proximate cause, and harm or damage to the plaintiff; carelessness; negligence.

Negotiation –Personal injury cases often include negotiations to resolve differences of opinion and come to an agreement. The plaintiff (typically an attorney or the injured individual) and the insurance adjuster negotiate. An injured individual and the insurance company must work together to establish a mutually agreed-upon settlement sum before the case can be closed.

Both parties have a general idea of the claim’s value (if both parties are honest and realistic with themselves). There is a mutual understanding between the injured party and the insurance company regarding how much compensation they are ready to accept. But neither party knows how much they are willing to spend or get.

Negotiating is a back-and-forth process of putting each other to the test. The plaintiff and the insurance company usually begin their arguments on opposite ends of the spectrum to find a compromise.

No-Fault –Medical payments, lost wages, burial costs, and other first-party benefits are covered by Personal Injury Protection, a sort of motor insurance. There is no need to establish negligence or blame to obtain compensation or benefits. PIP is a good place to start.

Notary –Witnessing signatures on legal papers is one of the duties of a notary public, licenced by the state to do so. Signing a document with their seal and signature confirms that they did so voluntarily and are who they claim to be.

Notice to the Insurer: See Notice to the Company.

Notice to Insurer –Written notification to the insurance company about an occurrence upon which a claim is to be based. Also known as a letter to the firm.

O

Opening Statement –Each attorney wants to provide facts in their opening statements at the outset of each trial. a.

Out-of-Court Settlement –An agreement is established between the plaintiff and defendant that does not need the permission of a court or judge; an out-of-court settlement will often be arranged between the two sides’ attorneys before a trial takes place. Any of the above methods may be used to settle.

Out-of-Pocket Expenses –Amounts paid out of pocket by the injured person for medical expenses, travel, prescriptions, assistive equipment, and other associated expenses. Expenses incurred before receiving rewards. See Additional Damages for more information.

P

Paralegal –People trained and qualified to do any duty of aid to a lawyer, including summaries, research, investigation, and the recovery of records, are called paralegals.

Parties: The individuals, businesses or organisations that have initiated the case or are the subjects of a lawsuit.

Pecuniary Damages –Past and future losses in revenue are called “Pecuniary Damages.” See Damages for further information.

Personal Injury Protection –PIP (Personal Injury Protection) stands for Personal Injury Protection Insurance.

PIP –First-party benefits for medical bills, loss of income, and funeral expenses are covered by PIP, a form of motor insurance required by the state of Colorado. Colorado’s insurance policy includes a $10,000 medical benefit, $5,000 in death benefits, and $2,500 for non-emergency medical illnesses (see Emergency Medical Condition).

Plaintiff –The individual who files a lawsuit, generally the one who has been damaged, is known as the plaintiff in a court or legal proceeding.

Pleading –A formal document in which a party to a legal dispute makes or replies to charges, claims, denials, or defenses is referred to as a “pleading.”

Post-concussion Syndrome (PCS) –After a mild traumatic brain injury (mTBI) like a concussion, some people have long-term symptoms like post-concussion syndrome (PCS), including headaches, nausea, irritability, and dizziness.

Post-traumatic Stress Disorder (PTSD) –People who have been directly involved in or seen a horrific or stressful incident are more likely to develop post-traumatic stress disorder (PTSD). Flashbacks, nightmares, intense anxiety, and uncontrolled thoughts about the incident are all possible symptoms. People who have been in significant accidents or severely injured are more likely than those who have been in the military to suffer from post-traumatic stress disorder (PTSD).

Prayer for Relief –Specific damages or remedies are requested in a prayer for relief, which is delivered to the court by a counsel on behalf of the plaintiff. Also known as a Request for Relieved.

Precedent –In law, precedent refers to a case or cases that have been previously resolved and are used as a foundation and authority for future proceedings. If a high court rules on a previous case, the judgement becomes the law in that case.

Product Liability – The landowner or renter is held liable when a person enters someone’s property and is injured due to a hazardous situation. Premise liability lawsuits are frequently founded on carelessness. When someone enters someone else’s property, they may reasonably expect to be protected from harm.

In the context of a legal proceeding, every hearing or appearance in court is a proceeding.

Merchants, businesses, and manufacturers may be held liable for personal harm or property damage caused by a defective product.

Prognosis –A doctor’s prognosis of how a patient will mend or recover from an injury is based on the patient’s symptoms and the characteristics of the individual case.

Proximate Cause –Injury caused by an incident that has a close enough relationship to the injury to be considered its proximate cause.

Punitive Damages –For further information, see Damages.

Q

Quality of Life – A person’s quality of life may be measured before and after an accident or injury. In assessing a person’s quality of life, criteria such as:

  • The regular routines of life
  • The ability to move about and stay organised
  • Interpersonal skills and the potential to develop new ones
  • Life satisfaction as a whole.
  • Activities that are either for fun or business.
  • The horizons ahead

Qui Tam –A legal lawsuit in which a person argues that a government contractor has fraudulently billed the government. As an incentive for coming forward and bringing the claim, a portion of the recouped monies are split between the government and the “whistleblower” who made the original complaint. The U.S. government employs qui tam action to fight fraud involving public monies, such as Medicare, frequently perpetrated by a whistleblower.

Quid Pro Quo – In Latin, “this for that” is known as “Quid Pro Quo.” A contract is formed when two people agree to trade something to create a binding agreement. No-fault benefits are exchanged for workers’ right to sue their employers under workers’ compensation.

Whether or not the word “quid pro quo” is used, all dealings in life are based on this principle.

Quid Pro Quo Sexual Harassment –Effort For Pay It is a sort of sexual harassment in which an employer offers a favor in exchange for sexual favours or quiet on the subject of sexual harassment. An employer may demand that their sexual approaches go undetected in return for a raise or promotion. In return for not firing the employee, an employer may demand that the employee not disclose the sexual harassment.

R

Reasonable Care –The degree of care a reasonable person considers sufficient from a healthcare practitioner or facility.

Rehabilitation –After an accident or slip-and-fall, rehabilitation regains the ability to move and do daily tasks independently.

Rehabilitation Benefits –A treatment or programme supplied by an insurance company to assist an injured individual recover from or removing the consequences of their injury so that they may lead a regular life again, or at least as near as they can. See the Rehabilitation section.

Request –A statement of one’s wishes to someone else for something to be granted or done, in the form of a petition.

  • Request for a physical or mental examination– It is possible to ask for medical or mental examinations from a defendant or plaintiff in a lawsuit as long as it is relevant to the matter.
  • Request for admission– In a legal context, a request for admission is made by one party in a legal case for another party to accept the sincerity of a fact or the validity of a piece of evidence.
  • Request for documents–In a legal case, a party may ask another party to deliver particular papers or tangible evidence in response to a request for documents from the other party.

S

Settlement –A negotiated agreement between opposing parties in a civil dispute before or after litigation has commenced but before the court hears the case avoids the judge’s need to decide the issue, which puts an end to a legal problem.

Sexual Assault –Sexual assault is defined as any sexual contact or activity that happens without the recipient’s express permission. Anything from rape to unwelcome physical contact is fair game.

Slip-and-Fall –Cases in which a person falls and is harmed on someone else’s property are called slip-and-falls and are often included in the wider category of premises liability claims. When an accident involving a slip-and-fall occurs on someone else’s property, that person is generally liable for the damages.

Special Damages – See Special Damages

Stacking of Coverages –Auto liability and uninsured/underinsured motorists’ coverage are examples of policies that may be stacked to apply to a single collision where two or more vehicle insurance limitations can be stacked.

Standard of Care –It is the amount of care the typical, rational provider would deliver; how similarly competent practitioners would handle the patient’s care under identical conditions. A medical malpractice claim must show that the acceptable standard of care has been broken.

Statute of Limitations –Law that sets a deadline for bringing a lawsuit, generally starting when the harm or injury happens. Statute of limitations. Medical malpractice and wrongful death lawsuits in Colorado have a two-year statute of limitations, while all other personal injury cases in the state have a four-year deadline. The time restriction for bringing a personal injury lawsuit against a municipality, county, or state government is three (3) years.

Strict Liability –Extending blame for wrongdoing to someone else, even if they weren’t directly involved, is known as “Strict Liability.” A car manufacturer might be held responsible for an accident owing to strict liability, for example, if a car company creates a vehicle with defective brakes and those brakes cause an accident. In these circumstances, the onus of evidence is basically shifted from plaintiff to defendant, requiring the latter to demonstrate their innocence.

Subpoenas –A court-issued summons to attend a certain location and time to provide testimony in a case.

Subrogation –When one party pays for another’s debt, they may recover the money from the original debtor. This is known as subrogation. For instance, if the at-fault driver’s insurance is taking too long to pay for the repair of your automobile, your insurance may step in and cover the cost.. of the repairs. When it comes to paying for the repair, however, they are not legally or contractually bound to do so.

Subrogation is the process through which your insurance company might subsequently recoup the funds from the insurer of the at-fault motorist. Additionally, this precludes the claimant, who required the automobile fixed, from being reimbursed for the repair twice: first by their insurance and then by the other. Other forms of insurance, such as health insurance, are also subject to subrogation. For example, if you were injured in a vehicle accident, your private health insurance may pay for part of the initial treatment, but if your PIP benefits come through, you’ll be repaid.

T

Third-Party Claims –A third-party claim is when a third party alleges that the insured has caused damage or injury to them. There are three parties involved in a claim:

  • The insured person (the first)
  • Their insurance provider (the second)
  • The injured person/claimant (the third)

To learn more about first-party claims, go to the section on the subject.

Tort–The tort is the legal term for civil or private harm that does not constitute a criminal offence. Tort law involving personal harm is by far the most prevalent.

Traumatic Brain Injury (TBI) –As a consequence of a forceful hit, a jolt to the head, or a combination of both, a person may suffer from Traumatic Brain Injuries. Traumatic brain damage may also be caused by an item that enters the skull, such as a gunshot or a fractured portion of the skull.

It’s a fact-checker

Trier of Facts –The judge will decide if the case isn’t going to a jury. A person or organization investigates the facts of a case or controversy to conclude.

Trip-and-Fall  — Also known as slipping and falling.

U

Underinsured Motorist Coverage (UM) –When a driver doesn’t have enough insurance to cover their expenses in the event of an accident, the Underinsured Motorist (UM) clause of their car insurance policy kicks in. To compensate the injured party over and above the at-fault party’s insurance policy limits.

Uninsured Motorist Coverage (UIM) –Adding Uninsured Motorist Coverage (UIM) to a normal vehicle insurance policy prevents the first party from having no coverage if someone driving without insurance (illegal in Colorado) crashes into them and is both at fault for the accident and does not have insurance.

V

Verdict – A judge or jury’s official judgement on the result of a case is known as a verdict.

Voir Dire –Jury selection, or Voir Dire, is a common term for the process of selecting jurors in a personal injury lawsuit, much like a criminal trial. Examining potential jurors is what this term refers to in more detail. Prefixed with the vowel sound “war-deer.”

W

Workers’ Compensation –Employers are obligated to offer workers’ compensation to employees injured or killed on the job because of a work-related accident or disease that occurred while at work.

Wrongful Death –This claim is submitted on behalf of a deceased person’s surviving family members if a deliberate or negligent act causes their death. Those financially reliant on the dead are the most likely to make such accusations. Loss of wages throughout the deceased’s predicted natural life and loss of consortium (the loss of a marital/sexual partner or family tie) are all damages.

X, Y, and Z

The End…

Free Consultation

NO FEE UNLESS WE WIN

You May Also Like…