Claimant / Plaintiff: You, the person making the claim and seeking money for damages, including medical expenses, loss of earnings, and related financial losses. [This may be an individual client on his / her own behalf, a parent or conservator of a minor, or a personal representative of a deceased individual's estate.)
Damages: there are three broad types:
"General damages": Your pain, discomfort, and suffering from the injury; the loss of enjoyment of life; both from the mental / emotional and physical aspects of your injury and your general disability or impairments.
"Special damages": Out-of-pocket losses; past, present, and future lost earnings; past, present, and future medical bills.
"Punitive damages": Often confused by the layperson with general damages. Punitive damages are very different from the other types of damages and are very rare. It is the extra money (over and above special and general damages) juries can add to punish especially bad conduct or willful conduct involved in the circumstances of an injury.
Defendant: The person or entity you are making the claim against and whom you believe is responsible to compensate you for your damages arising from their fault or actions. Almost all defendants have insurance coverage, and it is from this insurance coverage that a client gains his / her monetary compensation for injuries and the associated damages.
Defenses: An insurance company representative often raises some defenses to a claim. The defenses may be legal or factually based and may potentially reduce the value of your case.
Loss of Services: In many states, including Utah, a person other than the actual injured person can bring in a derivative suit - for example, the uninjured spouse can seek damages for loss of the injured spouse's services. This is also referred to as a consortium claim.
Negligence: The lack of due care or failure to act reasonably on the part of a person or corporation. For example, if a driver runs a stop sign - then the driver has been negligent in his failure to drive in a reasonable and acceptable manner.
Statute of Limitations: The period of time within which you must sue, or otherwise you will be barred (forbidden by law) from filing a claim or lawsuit.
We repeat! This is a very complex area of the law! There are many different cut-off times and limits. The limits are all very factual specific, and it depends on who is at fault, and the legal status of the person or entity at fault. The limit may be as short as one year from the date of the injury! Seek help and advice on the applicable statute in your case !
No two states have the same rules, and often it depends upon the legal theory of your suit. Sometimes, the issue is so complex that a court must resolve it.
Tort: A civil (not criminal) wrong (e.g., injury from the following: auto accidents caused by the other party; a defective product manufactured by a party; a negligent act of a doctor or nurse; or a negligent act of a co-worker employed by a different employer on a job site).
