Common Terms You’ll Hear In A Motorcycle Accident Case in NJ
When you are injured in a motorcycle accident, chances are that you will have to file a lawsuit against the liable party to receive monetary compensation for the physical injuries and property damage you sustain in the accident. Below, we have compiled a list of some of the most commonly used legal terms that you will hear when litigating a motorcycle case to help you better understand all that it encompasses.
Legal Terms Used In Every Motorcycle Accident Case
The following are a list and definition of the legal terms that are used in every motorcycle accident case:
- Tort – Contrary to popular belief, a tort is not just the name of a dessert. Rather, in the legal context, a tort is the wrongful act that caused the plaintiff injury or property damage.
- Plaintiff – This is the party that initiates the personal injury lawsuit and is the one who is seeking monetary compensation for his or her injuries. If you are the one who files a personal injury lawsuit, you will be called the plaintiff.
- Defendant – This is the party to the lawsuit that is named as the at-fault party. The defendant defends himself or herself against the claims that the plaintiff brings in his or her lawsuit to avoid being held liable for the plaintiff’s injuries.
- Damages – Damages is a term used to describe the amount of money you, as the plaintiff, want to recover from the lawsuit. Damages can be compensatory, meaning they are sought out to make you whole again after the accident, or punitive, meaning they are sought to punish the defendant for his or her behavior. Moreover, compensatory damages are sometimes divided further into what are called economic and noneconomic damages. Economic damages are damages that can be easily calculated, such as costs for reimbursement of medical bills, whereas noneconomic damages are damages for injuries that cannot be easily quantified, such as for emotional distress or pain and suffering.
- Prayer For Relief/ Ad Damnum Clause – To initiate every personal injury lawsuit, the plaintiff must file a complaint against a defendant. In this complaint, the last paragraph is typically supposed to state the type of relief the plaintiff seeks to obtain from filing the lawsuit. The relief is often monetary compensation but can be another form of relief. This last paragraph is called the prayer for relief or, stated differently, the ad damnum clause.
- The preponderance of Evidence – This term is used when describing the legal standard by which the plaintiff has to prove his or her case against the defendant. Under this legal standard, you need only have to prove that it is more probable than not that the defendant caused the injuries you sustained.
Other Legal Terms Used In Motorcycle Accident Cases
- Negligence – This term is a legal theory by which a plaintiff can hold a defendant liable for his or her injuries. Negligence occurs when a person owes a duty to another person, breaches that duty by failing to act in a reasonable manner, this breach caused injuries (or damages to a person), and there are actual damages.
- Proximate Cause – This term is used to describe an element of negligence. It is rather amorphous, but generally, it is defined as the main reason that resulted in injury to the plaintiff.
- The statute of Limitations – This terms refers to the deadline by which a plaintiff may file a personal injury lawsuit against a defendant.
- The Assumption of the Risk – This term refers to an affirmative defense the defendant can try to prove to evade liability and bar you from recovering damages. To successfully assert this affirmative defense, the defendant must prove that you knew that a dangerous condition was present and could cause you injury, but you voluntarily chose to act anyway.
- Contributory Negligence – This term refers to another affirmative defense the defendant can assert, whereby the defendant endeavors to prove that you are at least partially at fault for the accident and your own injuries.
Contact a Trusted Motorcycle Accident Attorney to Get Compensated for Your Injuries in Clark, NJ
When the unexpected happens, it can feel overwhelming trying to figure out where to turn to next. The injuries that can be sustained from a motorcycle accident can be catastrophic. That’s why you need the skilled representation of Andrew Prince. Mr. Prince has been helping injured motorcyclists recover damages for years and will handle your case with care. Schedule a free consultation by filling out our online contact form today. We are conveniently located at 136 Central Avenue Clark, New Jersey 07066 and 5603 Bergenline Ave West New York, NJ 07093. We help injured motorcyclists in multiple areas across the state, including but not limited to Perth Amboy, New Brunswick, Summit, Highland Park, Edison, Newark, Orange and Jersey City, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.