PI Terms
Who is the plaintiff?
The person bringing the claim against the at-fault party. (Defendant)
What is breach of duty?
Failure to act withing your duty of care. When the defendant fails to provide safety to others that they are responsible for.
Who is the defendant?
The person who is believed to be at fault in a PI case.
What is the "but for" test?
This test asks: “Would the injury have happened without the defendant’s action?”
If someone suffered physical or emotional pain they can get compensated for thi?
Pain and Suffering
What are duty, breach, causation, and damages?
These are the four elements of negligence.
What is a Responsible Prudent Person?
What a person is held to by the court. It is what would be expected of an owner of something that could cause injuries.
What is duty of care?
The act in which a defendant protects others from being injured by acting responsibly.
What is foreseeable consequence?
Catching MRSA after surgery for a car crash injury is an example of this.
If the doctor doesn't say it, the insurance won't pay it.
What is Lost Wages.
Define negligence?
Failing to act with reasonable care.
What is actual notice?
Written or verbal communication directly with the defendant.
What is opportunity to cure?
The act of giving the defendant a fair opportunity and reasonable time to prevent an accident from occurring.
What is unforeseeable?
Something that would not be expected to happen as a result of an accident. Example: The client gets diagnosed with cancer. The doctor amputates the wrong arm.
When someone suffers an injury that they will have for the rest of their lives, that injury is _________
Permanent
Who is the defendant?
The party that failed to act as a responsible prudent person, causing and accident that led to the client's injuries.
What is constructive notice?
When the defendant SHOULD have known about a defect with or without someone telling them. Ex. As an owner of a car you should know the traffic rules.
When is a Personal injury case against a Municipal Defendant?
When someone is injured as a result of negligence caused by the city, state or government agency.
The link between Breach and Damages is?
Causation
What are incidentals?
Something that is the client's responsibility.
This cost includes things like co-pays and parking for appointments.
What is personal injury?
When a person is injured as a result of someone else's negligence.
What is duty?
The act of being responsible for others. The 1st element of negligence.
If the Defendant fails to maintain his store and a client suffers injuries as a result of broken glass on their floor, what type of notice would that be?
Constructive Notice
What is proximate cause?
Whether the injury was a direct result of the negligence of the defendant.
Ex. If someone runs the red light it is more than likely that they will cause an accident that can result in people getting hurt.
A client can have this type of injury that can result in them getting more money. This can be worth more money if it is on a female model than a mechanic.