When it comes to personal injury cases there are certain concepts that can be difficult to explain to clients. Often it will be difficult for them to understand the ramifications of what they are being told, because these are subjects most people don’t think about on a daily basis. Here are the top three hardest personal injury case concepts to explain:
- Negligence is a concept that cannot always be explained in basic terms. While many concepts regarding the law are black and white, others are hazy and negligence is one of them. Lawyers must carefully explain this concept to their client if it is a factor in their case, which is often true when a personal injury is involved. The general explanation that lawyers give to their clients is that negligence has to do with a defendant in a case breaching their reasonable care duties.
When this concept comes into play in a court case it is because the plaintiff was injured because of actions performed by the defendant. Other words that may be used in court to describe a case such as this are reckless and careless. These words help explain the defendant’s actions towards the plaintiff.
Negligence is claimed when the actions of the defendant violate the rights that the plaintiff gas to exist safely. Courts usually consider this to be worse than inadvertence but better than evil intentions. When a defendant is found guilty of negligence in a court of law they are generally ordered to pay punitive damages to the plaintiff.
- Forseeability is another of the most difficult concepts to explain. This involves determining whether the plaintiff or the defendant caused the accident that led to a personal injury. Nothing more than a test, forseeability has to do with determining the cause of the accident that led to the injury in the first place. This test is used in court rooms to determine whether or not the defendant could have predicted that their actions would result in injury to someone else. There are two distinctions related to forseeability; the type of harm inflicted and the manner in which it was inflicted. This can be a difficult concept for a client to handle.
- Liability is something that many people don’t think of until they are faced with the subject in a court of law. The more serious the personal injuries are the more the defendant’s liability is called into question. This is one concept that lawyers must be able to clearly explain to their clients prior to their day in court. Liability can often cause the defendant in a court case to have to pay a significant amount of money to the plaintiff in order to settle the case.
These three concepts are difficult to understand, but important to understand as well. An effective lawyer will have the tools they need to explain each of these concepts to their client in terms that are clear.