Law Talk – You Ask, We Answer
Law Talk is a new video question and answer series from Harding Mazzotti, LLP. This new video Q&A series allows you to submit a questions and get a short, video answer in response. Simply fill out the “Ask HM” form below to submit a question to our personal injury lawyers. Our team will review your question and email you as soon as your response has been posted. If your questions requires a more in depth response, a representative will contact you directly with more information. It’s just that easy.
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Defining Common Legal Terms
Have you ever been confused by legal jargon? Learn more about some commonly used terms by scrolling through the videos below.
Loss of Earnings
Attorney Paul Harding described it as, “When people get hurt and they’re unable to go to work, unable to bring the money in the house that they had before, it affects everyone. But there are ways that we are able to recover lost wages. For example, no-fault insurance if you were in an accident, or workers’ compensation if you were hurt at work. Or, we may just have to go after the individual directly who caused you to be unable to work. That’s what we do.”
Good Faith
Attorney Paul Harding described it as, “An honest intent to do what is right under a particular set of circumstances.”
For example, an insurance company has a duty to act in good faith for you. Unfortunately, we don’t always see that, which is where an experienced personal injury lawyer would come in.
Duty of Care
Attorney Paul Harding described it as, “A basic requirement that one has to do under a particular set of circumstances, but probably better defined by an example. So, if you own a business, you have the duty of care to make that business safe and free from hazards to the general public.”
Another example would be if a negligent company creates a product with design flaws that harm consumers, the company would have breached its duty of care to manufacture a product free of unreasonable danger. In this case, they may be held liable.
Deductible
We asked attorney Paul Harding to briefly explain what a deductible is when it comes to your insurance. He described it as, “The amount of money an insured person is responsible to pay on a claim. Any monies owed beyond that, the insurance company pays.”
For example, say you are sick or injured and working through your own insurance. If your medical bills are less than the deductible amount, you’d likely be responsible for the full cost. However, if the bills exceed the deductible, your insurance kicks in to cover the remaining balance.
Causation
We asked attorney Samantha Cahill to briefly explain the legal concept of causation in a personal injury case. She described it as, “. . . basically cause and effect. So for example, if you are in a car crash and you sustain a fracture, the car accident would be the causation for your fracture.”
In a personal injury case, it is important for you and your legal team to prove causation. It is not enough to simply establish the defendant’s negligence, but to prove that the negligence is what caused your injuries. Whether it be in a car accident, a fall at a poorly maintained property, or a medical professional not living up to the standard of care, there are many cases in which a person’s lack of due care could cause an injury.
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