Please watch our YouTube video above: Demystifying Legal Jargon: Personal Injury Terms Explained

Video Transcript:

Welcome back to Kellum Law Firm’s YouTube channel. Today our personal injury law team will be demystifying some of the common legal jargon you might encounter when dealing with personal injury cases. 

Before we get started, let’s briefly talk about why understanding legal terms is crucial in personal injury cases. The legal process can be intimidating, but having a grasp of the language used can empower you to make informed decisions and communicate effectively with your attorney.

Let’s look into some common terms you might encounter.


First up, we have ‘liability.’ In personal injury cases, this refers to legal responsibility for an accident or injury. Establishing liability is key to determining who should compensate the injured party.


Next, we have ‘negligence.‘ This is a crucial concept. It means the failure to act with reasonable care, leading to harm. Proving negligence is often at the personal injury lawyers how to prove pain and sufferingheart of personal injury claims.


In legal terms, damages are the monetary compensation sought by the injured party. It can include compensation for medical expenses, lost wages, and for pain and suffering.

More Complex Terms.

Moving on to some slightly more complex terms.

Statute of Limitations.

The ‘statute of limitations‘ is the time limit within which a lawsuit must be filed. Understanding this is crucial, as filing outside this window can result in losing the right to seek compensation. States have different statutes of limitations so your attorney will need to advise on what’s applicable in your home state.

Burden of Proof.

The burden of proof refers to the responsibility to provide sufficient evidence to support a legal claim. In personal injury cases, the plaintiff typically bears the burden of proving that the defendant’s actions were negligent and directly caused the injuries. 


Subrogation occurs when a third party, often an insurance company, steps into the shoes of the injured party to pursue reimbursement from the party responsible for the injury.

In the context of personal injury cases, subrogation typically involves an insurance company seeking reimbursement for payments made to or on behalf of an insured individual. 

For example, when an insurance company compensates its policyholder for damages such as medical expenses or property damage, and the damages were caused by a third party, the insurance company may have the right to pursue subrogation.

Importance of Legal Guidancepersonal injury negotiate vs litigate

Understanding these legal terms is a great start, but it’s important to remember that legal advice from an experienced attorney tailored to your specific case is irreplaceable. Let’s talk about why.

An experienced personal injury attorney can navigate the complexities of these terms and ensure you’re on the right track. They’ll handle the legal intricacies, allowing you to focus on your recovery.

I hope this has been helpful. If you have more questions or if there’s a specific term you’d like us to cover in the future, drop it in the comments below. 

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