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Pain and Suffering

In a personal injury claim, “pain and suffering” is a common term used to describe non-economic damages that may be awarded to victims. Rather than economic (monetary) losses, pain and suffering refers to loss of physical health and emotional damage a person may receive as a result of being victimized to an automobile accident or motorcycle crash.

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Personal Injury Protection

Automobile insurance that covers 80% of an injured party’s medical bills and 60% of any lost wages they receive (up to the amount stated in his or her purchased policy limits). To learn more about the insurance process or how your bills are paid after being involved in an automobile accident, please visit Who Pays My Medical Bills and Lost Wages?

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Personal Representative

A person who is the executer of a deceased’s estate; They are often appointed to handle the deceased’s affairs and can make claims on behalf of the deceased. Typically, attorneys will deal with a personal representative when a victim of an automobile accident or other type of personal injury claim pass away as a result of another person’s negligence. This type of claim is often referred to as a wrongful death case.

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Plaintiff

The one who initially brings a lawsuit against someone else who has negligently caused him or her harm or injury. By filing a claim against the negligent party the plaintiff, in a personal action, seeks a remedy in a court of justice for an injury to, or a withholding of, his rights.

In a personal injury claim, the plaintiff is the party seeking restitution for injuries and damages received from another party’s negligence (seen commonly in automobile accident claims and medical malpractice claims).

There may also be multiple plaintiffs in a case and plaintiffs may be entities such as corporations.

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Pleadings

Statements, in logical and legal form, of the facts that constitute a plaintiff’s cause of action and a defendant’s ground of defense. They are either allegations by the parties affirming or denying certain matters of fact, or other statements by them in support or derogation of certain principles of law, which are intended to have the effect of disclosing to the court or jury the real matter in dispute.

Modern code procedure often includes only a complaint an answer, and where necessary, a reply to the answer. Pleadings may be on the merits, and thus peremptory, or else they may be based on some other ground which prevents the case from going to the jury, in which case they are referred to as dilatory pleas. Modern procedure permits liberal amendments to leadings and thus defects in pleadings will directly affect a party’s case only in rare instances.

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