Those that have been seriously injured in an auto accident in Hudson Valley may find themselves amidst a personal injury lawsuit. When this process begins, it can be highly overwhelming. There will be legal terms and jargon used to discuss the case with the claimant, and these terms can be complicated.
Understanding some of the basic definitions associated with an auto accident claim is important, so that a plaintiff can better assist their counsel.
Actual Cash Value
This is the property damage claim that is filed with the insurer. It addresses the market value of the vehicle damaged, and it assesses what the car would have sold for if it were not involved in an accident.
Burden Of Proof
This is the responsibility of the plaintiff in a personal injury claim. After an auto accident in Hudson Valley, the plaintiff must prove what happened in their case. This includes proving the defendant owed them a duty, violated that duty, their violation caused the injury and that there were damages associated with the injury. This is done through a preponderance of the evidence.
Comparative And Contributory Negligence
Also referred to as “joint fault,” this is a theory of law that shows that not just one party is involved or responsible for the accident. It allows a person to file a personal injury claim after a car crash even if they were partially at fault for their injuries. The amount of compensation they may request, however, is typically reduced based on the amount of fault they contributed toward the accident. If they are more than half at fault, they usually cannot file a claim.
Liability
Liability is what determines the person at fault after an auto accident in Hudson Valley occurs. The responsible party is also liable for any damages associated with the crash. Liability is established in a variety of ways, including police reports, witness testimony, evidence, vehicle damage, photographs, traffic violations, and records.
Negligence
Negligence is the theory of law that is what all personal injury claims are based upon. When a person is negligent, they have failed to follow a standard duty of care; therefore, they caused damages to the plaintiff. Negligence must be established in order for a personal injury claim to be valid.
Negligence Per Se
Negligence per se occurs when a person acts carelessly or with disregard during an act. In a car accident, for example, a person can be negligent per se when they violate a traffic safety law and cause an accident. When negligence per se is established, no further evidence of the defendant’s fault is required for the claim to be valid.
Settlement
The settlement is the monetary payout given to the plaintiff upon the case resolving. This can be a settlement awarded by a judge or jury, or a settlement negotiated between the plaintiff and defendant’s attorneys. The settlement is often reduced based on the amount of outstanding medical bills and the attorney’s fee for handling the case.
