Common Personal Injury Terms for Victims | O'Keeffe O'Brien Lyson Attorneys

Common Personal Injury Terms for Victims

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If you were the victim of an injury caused by another individual or company, you likely need to recover physically from your injuries, as well as financially from your injury-related losses. The process of financial recovery can be confusing, and it can include different legal terms common to injury cases. The following are some examples of common personal injury terms. 

Accident Report

After an injury, it is important that there is an official accident report whenever possible. For example, after a traffic crash, you should call 911 so the police can put together an official report regarding the crash. After a slip and fall at a store, a workplace injury, or another type of incident, you want to report the matter to a manager who can fill out and file a report.


Negligence is the basis for the majority of personal injury claims, as negligent parties are generally the ones at fault for injuries. Negligence means the following:

  • The other party owed you a certain duty of care in the situation
  • The party breached its duty of care
  • Their breach of duty was a cause of your injuries
  • You incurred damages as a result of your injuries

If a party did not act intentionally to cause your injuries, negligence will generally be the allegation in an injury case. 


“Damages” refers to the losses you incurred as a result of the incident and your injuries. Damage can be based on financial losses, such as medical expenses and lost income, as well as intangible losses like pain and suffering or permanent injuries. You must prove your damages as part of your claim.

Burden of Proof

Each type of legal case has a burden of proof the plaintiff is required to meet in order to prevail. The most well-known burden of proof in our legal system is “beyond a reasonable doubt” in criminal cases, which is the highest burden of any type of case. In personal injury cases, the burden of proof is lower, and plaintiffs must prove a claim by a preponderance of the evidence. This means it is more likely than not that the defendant was negligent and that you incurred stated damages. 

Personal Injury Lawsuit

A “personal injury case” does not always refer to a lawsuit in court, as many injury cases can be resolved directly with the insurance company – especially if you have the right legal representation. However, in the event the insurance company does not offer an adequate settlement, it might be necessary for your lawyer to file a lawsuit, which is a legal action in civil court. Lawsuits are governed by the Rules of Civil Procedure, and the litigation process can be complicated. 

Consult with an Experienced Fargo Personal Injury Lawyer for Free Today

There is a lot of legal jargon, rules, and procedures involved in personal injury cases. It is important to have the right law firm handling your claim to protect your interests and obtain the compensation you deserve. At any time, you can directly contact one of our skilled personal injury attorneys, Tatum O’Brien, Tim O’Keeffe, or Sara Monson via email, or call O’Keeffe O’Brien Lyson Attorneys at 701-235-8000 or toll-free 877-235-8002.