What's That Word Mean?

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

More Legal and Health Articles

What's That Word Mean?

Part 1 of 2

The world of car accident claims has a language unto itself. Many attorneys forget that for most people, a car accident claim is the first time in their lives they have ever dealt one-on-one with an attorney. We attorneys tend to throw around words, thinking that everyone knows what we are talking about. Here are some terms you may see if you've been injured in an accident.

Negligence simple carelessness. Negligence is the failure to use ordinary care. Ordinary care is the care that a reasonably prudent person would have used under the same or similar circumstances. Examples of negligence include failing to pay full time and attention to driving; driving while intoxicated; speeding; texting while driving; and failing to stop at a stop sign or traffic signal.

Statute of limitations the time limit within which an actual lawsuit must be filed in court. The lawsuit must be filed against the proper defendant(s). In most cases in Virginia, the statute of limitations for personal injury claims is two years from the date of the accident.

If the defendant is a governmental agency, however, often “a notice of claim” must be given earlier than two years and in some cases as early as six months from the date of the accident. Generally speaking, children have a longer time to sue.

Contingent attorney fee the fee your attorney will charge you for representation.

This fee will be a percentage of the total amount recovered from the defendant or his insurance company. Generally, you will also be responsible for your attorney's out-of-pocket expenses and, if there any medical bills that remain unpaid, they will have to be reimbursed.

Contingent fees vary by attorney and there is no “standard.” Many attorneys charge on a sliding scale, with fees ranging from around 25% of the total recovery if the case can be settled before a lawsuit is filed, but increasing to as high as 40% if the case goes to trial. A personal injury fee agreement should be in writing and you should understand exactly how that fee is calculated by your attorney.

Settlement demand package generally, when you have finished your treatment, your attorney will meet with you and give you a written settlement evaluation of your claim.

You and your attorney should agree on a settlement strategy and then your attorney will make a demand upon the insurance company. A settlement demand package often includes medical records, bills, photographs, reports and anything else your attorney feels would help the insurance claims adjuster understand the damages you have suffered because of the accident.

Mediation an opportunity to settle your claim under the guidance of an impartial mediator.

Mediations typically involve a meeting between the lawyers, their clients, and a mediator who acts as a facilitator. The mediator is not participating as a judge or an arbitrator, but instead tries to facilitate discussion and resolution of issues to help the parties settle the claim.

A good mediator can help the parties understand their own side's weaknesses and can impress upon each party the benefits of settling. Not all cases that are mediated are settled.