December 12, 2022
If you’re navigating the complex world of personal injury cases, it’s crucial to familiarize yourself with key terms and definitions that can help you make informed decisions. At Goldman Law Offices, we’re dedicated to providing you with the knowledge you need. If you want to delve deeper, don’t hesitate to call us at 215-348-2605 or contact us.
1. Declarations Page: The declarations page is a crucial part of your motor vehicle insurance policy. It outlines all the coverages currently in effect on your policy. Understanding this page is essential for grasping the scope of your insurance coverage.
2. First-Party Benefits: In the realm of insurance law, first-party benefits encompass a range of vital provisions. These benefits include medical coverage, income loss compensation, accidental death benefits, funeral expenses, and extraordinary medical benefits. In Pennsylvania, the minimum required coverage is $5,000 for medical benefits.
3. UIM (Underinsured Motorist) Coverage: UIM coverage, though not mandatory by law, offers protection in the event of an accident where the at-fault driver’s liability limits are insufficient to cover all your losses and damages. This coverage ensures you’re financially safeguarded in such circumstances.
4. UM (Uninsured Motorist) Coverage: Similar to UIM coverage, UM coverage provides you with a safety net if you’re involved in an accident caused by an uninsured driver. While not legally mandated, this coverage can prove invaluable in protecting your interests.
5. Stacking Uninsured and Underinsured Motorist Coverage: Under Pennsylvania automobile insurance law, policyholders have the option to “stack” uninsured and underinsured motorist coverage. When you choose stacking, you can combine the coverage limits for each vehicle under your policy, bolstering your protection.
6. Full Tort Coverage: Opting for full tort coverage grants you the right to pursue legal action for pain and suffering if you’re injured due to another driver’s negligence. This option ensures you have the ability to seek appropriate compensation.
7. Limited Tort Coverage: Limited tort coverage, chosen to reduce premiums, comes with limitations. By selecting limited tort, you relinquish the right to sue for pain and suffering unless specific conditions apply, such as death, serious and permanent injuries, or permanent scarring. Under limited tort, you can seek economic damages like medical bills unless exceptions occur.
8. Waiver: A waiver is a form you must complete and sign if you choose limited tort coverage or decide to reject UM or UIM coverage. This document formalizes your decision and is a crucial step in understanding and accepting your coverage options.
9. Complaint: In the legal context, a complaint refers to the document a plaintiff files with the court. It contains allegations and details the damages being sought. Filing a complaint initiates the lawsuit process.
10. Mediation: Mediation is an alternative dispute resolution method wherein parties present their case to a neutral third party. The mediator assists in reaching a settlement, promoting a more cooperative and cost-effective approach to resolving disputes.
11. Bad Faith: Concerning insurance companies, bad faith refers to an intentional attempt to mislead or deceive policyholders. It involves a conscious refusal to fulfill obligations, implying malicious intent rather than mere negligence. Bad faith entails deliberate wrongdoing, not simply poor judgment.
12. Wrongful Death Action: A wrongful death action is a legal proceeding initiated to seek damages for a person’s death resulting from wrongful acts, neglect, violence, or negligence by another party. In Pennsylvania, this action can be brought by the decedent’s spouse, children, or parents, providing a means to pursue justice for the deceased.
13. Liability: Legal responsibility for an action or failure to act resulting in harm to others. Establishing liability is a central aspect of personal injury cases.
14. Contingency Fee: An arrangement where the attorney’s fee is contingent on winning the case or obtaining a settlement. If the case is successful, the attorney receives a percentage of the compensation awarded.
15. Statute of Limitations: The time limit within which a legal action must be filed after an injury or accident occurs. Failing to file within the statute of limitations can bar the injured party from seeking compensation.
16. Burden of Proof: The obligation to prove the truth of one’s claims in a legal dispute. In personal injury cases, the burden of proof typically rests on the plaintiff to demonstrate the defendant’s negligence or liability.
17. Preponderance of the Evidence: The standard of proof required in civil cases, including personal injury cases. It means that the evidence presented is more likely than not to support the plaintiff’s claims.
18. Deposition: A formal, out-of-court oral testimony of a witness that is recorded and can be used as evidence during trial. Depositions are often part of the discovery process.
19. Discovery: The process through which parties in a legal case gather information and evidence from each other. It includes methods like depositions, interrogatories, and document requests.
20. Negligence: The failure to exercise reasonable care, resulting in harm to others. Proving negligence is a key element in many personal injury cases.
21. Comparative Negligence: A legal principle that allows for assigning a percentage of fault to each party involved in an accident. Compensation is then adjusted based on the degree of each party’s negligence.
22. Expert Witness: A qualified professional who provides specialized knowledge or opinions in a specific field relevant to the case. Expert witnesses can help explain complex issues to the jury.
23. Subrogation: The legal process by which an insurance company seeks reimbursement from the responsible party for payments made to the insured individual.
24. Settlement Agreement: A formal agreement between parties to resolve a legal dispute outside of court. It outlines the terms of compensation and releases the defendant from further liability.
25. Loss of Consortium: Damages claimed by a spouse or family member for the loss of companionship, care, and support resulting from the injured person’s disability or death.
Gaining a comprehensive understanding of these personal injury terms empowers you to make informed decisions and navigate the legal landscape effectively. Remember, knowledge is your greatest ally when facing personal injury challenges. If you need further assistance or have questions, contact Goldman Law Offices at 215-348-2605 or online. We’re here to guide you through every step of the process, ensuring your rights and interests are protected.
