There are several terms in personal injury claims that may be confusing to some people. Many legal proceedings include jargon that people may not understand. If you’re preparing to file a personal injury claim, it’s wise to become familiar with common phrases that you may encounter during the proceeding. Below are a few terms to know. 

5 Phrases You’ll Likely Hear in a Personal Injury Case

1. Maximum Medical Improvement 

Upon reaching maximum medical improvement (MMI), your condition is not expected to improve. In other words, you can determine the full extent of the damages when you reach this condition. Because it’s impossible to know your total losses until reaching MMI, you should not negotiate before reaching it. 

2. Liability  

Liability is often used interchangeably with terms such as “fault” and “blame.” The at-fault party may not necessarily be the one who compensates you for the damages, however. Essentially, liability refers to financial responsibility. For example, if you’re hurt in a car accident with a distracted driver, the motorist who was texting and driving would be considered at fault; however, their insurance provider would ultimately be liable for the damages. 

3. Third-Party Claim 

A third-party claim is an insurance claim filed by someone other than the policyholder. In the distracted driving example mentioned above, your claim with the at-fault motorist’s insurer would be considered a third-party claim. 

4. Breach of Duty 

Most personal injury claims are based on negligence, which is a breach of the duty of care that one party owed another party. This duty of care might be implied—for example, between all drivers on the road—or it might be formally established—between a doctor and a new patient. 

5. Discovery 

Discovery refers to a pre-trial process during which both the plaintiff and defendant gather evidence to bolster their respective cases. In a personal injury suit, evidence might entail interviewing eyewitnesses, reviewing photographs of the accident scene, and consulting with medical experts. 

If you want to file a personal injury claim, turn to the lawyers at Bellotti Law Group, P.C. Founded in 1989, they provide a broad range of legal services to residents in the Greater Boston area. Clients can count on them for help with everything from family law disputes to criminal defense. To browse their practice areas, visit their website. Call (617) 778-1000 to schedule a free personal injury evaluation.