If you've been seriously injured as a result of neglect by another person or a corporation or government entity and you're thinking about filing a claim, you've already figured out that you're in a specialized area, where the medical and legal terms are flying thick and fast. Some of the words you'll need to know will be specific to your injury and its consequences, but some legal terms show up in almost all personal injury claims. Here's a quick guide to the language you may hear from your lawyer and the expert witnesses.
Annuity
An annuity is a specialized investment which pays a guaranteed annual benefit. When a personal injury claim is resolved in favor of the plaintiff, the party responsible for payment may purchase an annuity as a means to assure that payment is made for the term of the settlement, often the lifetime of the plaintiff.
Class action
A lawsuit filed on behalf of a group, or "class" of people who have experienced similar injury, for example, on behalf of all women who were injured by using a certain contraceptive, or all users of a specific credit card which charged fees illegally. A class action may have the advantage of greater numbers, and in some situations it is the most useful way to proceed. Plaintiffs in a class action agree to accept the outcome, whatever it is. It's a "one size fits all" solution. Some drug and device attorneys prefer not to be part of class actions, and to work with individual clients, to insure that their clients' particular and unique needs are met in the settlement.
Contingent fee agreement
The usual arrangement for bringing a claim or a lawsuit against a large corporation. Your attorney does not require you to pay for his or her legal services up front, and agrees to be paid only if your claim is resolved successfully, either by negotiation or by trial.
Defendant
The person, corporation, or government entity against whom a claim is made, or who is being sued in a civil proceeding.
Life Planner
A serious injury from a drug or medical device can be a life-changing event. The rest of a person's life may be shaped by their impairments, medical expenses, and care needs. A skilled life planner is a person who can anticipate medical and other care needs, household accommodations, both in modifications of physical space and in staffing needs, impact on earning potential and life expectancy. The planner can assign monetary values to all of these, and draw up a plan for funding needs for the near term and the long term. Drug and device attorneys consult life planners and frequently use a life planner as an expert witness in developing a monetary settlement demand.
Negotiation
Many claims against pharmaceutical companies and device manufacturers do not go to trial. Instead they are resolved by negotiation, in which attorneys for the plaintiff and the company meet to see whether they can reach an agreement about the claim without the additional expense and delay involved in a trial. Your attorney should talk with you about the pros and cons of a negotiated settlement.
Plaintiff
That's you, the person who files the claim or institutes a lawsuit in court. Your attorney represents you, but you are the person whose name is on the claim. If the injured person is a minor, a parent or guardian is named as the plaintiff.
Settlement
A settlement is the voluntary resolution of a claim by attorneys for the plaintiff and the defendant with proceeding to a lawsuit. Most claims, and even most lawsuits, are settled before the court's final judgment. Many settlements are achieved just before a case goes to trial, because the defendant realizes that the plaintiff's attorney is serious, and that a trial may result in an extremely costly finding against it. Settlements achieved on the eve of trial, or after a trial has begun will often be entered into the trial record and approved by the presiding judge. This gives the settlement the force of law, so that the defendant's compliance can be enforced.
For more than three decades, San Diego personal injury lawyer David S. Casey Jr. has been committed to providing representation for those who have suffered serious injuries or death due to third party negligence. Throughout his career as an injury lawyer he has been honored to be named Lawyer of the Year in 2002 by the San Diego County Bar Association, and has received the Broderick Award for Civility, Integrity and Professionalism in 2004.
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