Legal Terms

Here are some basic definitions for important legal terms pertaining to civil actions:
Lawsuit: Legal claim filed with a court.

Statute of Limitations: Time period for filing a lawsuit; two (2) years in most Texas personal injury cases, 3 years in most maritime cases.

Plaintiff: Person bringing a lawsuit.

Defendant: Person being sued.

Evidence: Testimony, documents and other exhibits which the court (judge) permits the jury to see. Just because you know something to be true does not mean the jury will see or hear it. The court must determine that the evidence is admissable.

Negligence: Failure to use ordinary care in the circumstances.

Comparative negligence: Fault assigned to both plaintiff and defendant; reduces plaintiff's recovery by percentage; if over 50%, plaintiff recovers nothing.

Ordinary care: Degree of care used by a person of ordinary judgment in the same or similar circumstances.

Proximate cause: A cause which produces an event, which could have been foreseen.

Damages: Claims for money that can be made in a lawsuit: reflect losses sustained by a plaintiff.

Punitive damages: Assessed to punish a defendant for intentional, malicious or grossly negligent conduct.

Elements of Damages in a case:

Some of the damages that can be claimed in an injury case include:

Medical expenses: Charges for treatment which was medically necessary as a result of an injury.

Loss of earning capacity: Loss of income due to an injury.

Pain and suffering: Physical pain resulting from an injury.

Mental anguish: Mental or emotional effects of a physical injury.

Disfigurement: Scarring, visible signs of injury.

Physical impairment: Loss of function resulting from an injury.

Loss of consortium: Non-injured spouse's recovery for damage to the marital relationship.

Proving Injuries and Damages - Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff.
The elements of damage that can usually be recovered in a personal injury case are: Medical Expenses, Loss of Earnings, Physical Pain, Mental Anguish and, where applicable, Disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring an action for wrongful death.