Understanding the terminology used in a personal injury claim can feel like learning a new language. Legal jargon is often dense and complex, creating an additional layer of stress for individuals already dealing with the aftermath of an accident. Clarity is essential when navigating through medical bills, insurance paperwork, or the legal system. Our team aims to demystify standard legal terms associated with personal injury claims, empowering you to understand your case better and make informed decisions.
By simplifying these terms, we hope to give you the confidence and knowledge needed to communicate effectively with your legal team and advocate for your rights. At Byrd Davis Alden & Henrichson LLP, we recognize the importance of clarity and communication in navigating the legal process. With over 60 years of experience, our team is committed to providing the guidance and support needed to achieve fair compensation without unnecessary confusion.
What Is Liability and How Does It Affect My Claim?
“Liability” is a word used in personal injury claims to point out that someone is responsible for injuries someone has suffered. However, in addition to being responsible for injuries, someone who is liable also owes the victim money for any related losses.
To be liable for an accident resulting in injuries, someone must have acted in a way that reduced safety in a given situation where they were obligated to act responsibly. For example, a car driver may be liable for injuries if they ignore posted speed limits and crash into another vehicle. That car driver will then be liable for paying medical, repair, and court fees, as well as other losses.
How Is Compensation Determined?
“Compensation” is the term used for money that a liable individual pays to a victim they have hurt. If the victim faces medical bills due to their injuries, the liable party compensates them for those bills.
Calculating Responsibility: Modified Comparative Negligence
Compensation is determined in a few steps. First, Texas uses a system to determine who is responsible for an accident. This responsibility is generally assigned in percentages, with higher percentages given to the parties most at fault.
In Texas, you can receive compensation for losses if you do not hold the majority of the responsibility. Additionally, your percentage of responsibility is removed from the compensation you can receive. For example, if someone is 10% responsible for an accident but faces $100,000 in damages, they can only receive up to $90,000.
Further, those who are more than 50% responsible cannot receive any compensation for their losses, even if they face injuries.
Economic Damages
Compensation includes economic and non-economic damages. Economic damages are those with objective monetary values, such as issued medical bills, lost wages from time off work, repair costs, and court fees.
Non-Economic Damages
Contrary to economic damages, non-economic damages are losses without monetary value. These include emotional distress, pain, suffering, scarring, disfigurement, and other difficult-to-calculate losses.
After economic damages are added together, the court system uses a multiplier to determine the amount of compensation a victim can receive for non-economic damages.
What Does “Contingency Fee” Mean?
In personal injury law, a “contingency fee” means that costs for a service are only paid once a specific condition is met. For personal injury lawyers at Byrd Davis Alden & Henrichson LLP, our contingency fee means our clients only pay us when they have won their claim and successfully gotten compensation.
Contingency fees give victims peace of mind because they don’t have to pay their lawyers until they receive financial recovery. Finances are already difficult enough after an accident, so we don’t need to make them any more difficult.
Navigate Your Personal Injury Claim With Confidence With an Attorney From Byrd Davis Alden & Henrichson LLP
Understanding the legal jargon of your personal injury claim is essential to navigating the complexities of the legal process and ensuring you receive the compensation you deserve. At Byrd Davis Alden & Henrichson LLP, we are dedicated to providing clear, concise explanations and helpful guidance through every stage of your case. Our experienced attorneys will demystify legal terms and help you understand the nuances of your claim, empowering you to make informed decisions.
Don’t let confusing legal jargon stand in the way of your rightful compensation. Contact Byrd Davis Alden & Henrichson LLP today to schedule a consultation and get the clarity you need. Reach out to us at (512) 454-3751 or complete our contact form. Let our experienced team guide you through your personal injury claim with confidence.
