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Once you file your personal injury claim, there may be some terminology that is used when speaking with your lawyer or insurance companies that may be unclear to you. Here is a list of some of the most common terms that arise in most personal injury cases.

Damages: This term is used to describe the injuries suffered by an individual in a personal injury accident. Damages are usually placed in one of two categories; economical and non-economical damages.

Deposition: A deposition is a step in the discovery process when an individual or witness answers questions, or gives a statement in person and under oath.

Discovery: This part of a personal injury case is very important. This part of the case refers to before the trial when each party tries to gather as much information as possible regarding the accident. This is done through written questions and depositions (see above).

Negligence: Negligence occurs when an individual or group of individuals fails to act the way a reasonable person would in similar circumstances. In particular failing to take necessary measures to prevent injury or harm.

Personal Injury: This term may be obvious, but if you think you have a personal injury case it is important to know what defines a personal injury. A personal injury  involves injury to the body, mind or emotions. Personal injuries can be physical, emotional, mental or psychological as a result of an accident.

Proximate Cause: Often referred to as the “legal cause”, the proximate cause is the primary cause of injury and the act that resulted in the injury. The law provides that it need not be the only cause of the last cause, but only “a” cause.

Statute of Limitations: This term is very important as it refers to the time period which a plaintiff must file a lawsuit seeking damages according to state law. If you wait until the statute of limitations passes you forfeit your right to file a lawsuit for your personal injury case. Many have different time limits.

Survival Claim: Refers to a legal claim that could have been presented prior to death. The survival claim is a lawsuit that can be presented on behalf of the descendant’s estate by family members or an executor of the estate for the injuries sustained prior to death.

Tort: In short term a tort is a wrong or illegal act. A tort refers to a wrongful act results in injury or harm to a person.

Wrongful Death: These are lawsuits that can be filed when a death is caused by the negligence of another person or entity. Certain family members of the deceased may file the wrongful death claim to receive compensation to recover economic and non-economic damages associated with the loss of their loved one.

If you are thinking about filing a personal injury claim or are in the process of one, it is important to keep this terminology in mind. Hiring an experienced personal injury lawyer is the best way to help you understand your case and to receive the compensation you deserve.

DISCLAIMER:All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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