If you have recently initiated a claim for injuries you sustained as the result of a motor vehicle accident, you will likely hear some unfamiliar terminology being thrown around. While every personal injury case is different, the terminology used in every case is relatively the same. So what are some terms you may except to hear and what do they mean?
BI: BI stands for bodily injury. This term is typically used when describing the policy that the tortfeasor carried with their insurance company.
Complaint: a complaint is the legal document your attorney will file when initiating a lawsuit which lays out the facts of the case, as well as the legal basis that they believe are sufficient to support a claim against the defendant(s).
Demand: a demand is a letter your attorney will send to the insurance company which lays out your injuries and treatment and demands payment for your injuries.
Deposition: a deposition is part of the discovery process in which a party or parties may take the sworn testimony of another party, witness, or expert.
Discovery: discovery refers to the pre-trial process of exchanging information/evidence between the varying parties. Discovery must comply with the Florida Rules of Civil Procedure. Typical discovery devices include Interrogatories, Request for Production, Request for Admission, and Depositions.
Litigation: this term refers to the process of filing a lawsuit, from the filing of the complaint all the way through a jury trial.
Negligence: negligence is the failure to act within a reasonable degree of care. Negligence serves as the basis for most personal injury cases.
PIP: the term PIP stands for personal injury protection. In most cases, PIP will pay 80% of all reasonable medical expenses, up to $10,000.00, subject to certain conditions.
Release: the release is a legal instrument which terminates any current and future claims an injured party may bring against the tortfeasor.
Statute of Limitations: the statute of limitations is the period of time in which you may bring forward a lawsuit. In Florida, the statute of limitations for personal injury cases is 4 years from the date of accident.
Tortfeasor: the tortfeasor is the person that acted negligently and caused the injuries.
UM: UM stands for uninsured/underinsured motorist coverage. UM is an additional policy that you may elect to add to your insurance policy which protects you if you are injured as a result of an uninsured or underinsured motorist.
IF you are in need of a lawyer, and wish to learn more about the process, and the terms involved consult Dennis Hernandez & Associates, PA today for a free consultation.