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Legal terms can be confusing, and can make understanding your rights complicated.

The Recovery Law Corporation has put together a list of common legal terms to help you feel more comfortable with your case.

A monetary entitlement payable to anyone injured in a car accident, regardless of fault.

standardized form that records details of an incident before they become part of a claim.

A claim which has been filed with the court

An employee assigned to deal with your case, typically by an insurer such as ICBC

Another option for settling the claim outside of the court

The communications between a lawyer and a client, relating to the claim, which are not subject to disclosure through the discovery process; these communications are protectable from being exposed to ICBC under most circumstances

This term considers who has the duty to prove the fact; in ICBC/personal injury disputes, the duty to prove a fact is always initially on the plaintiff/victim.

The degree to which a fact must be proven before a court will accept it; in ICBC cases, the standard of proof is typically a balance of probabilities (more likely than not); “Beyond a reasonable doubt” is the most well-known standard, but is reserved for criminal cases.

The most impactful degree of injury, typically reserved for spinal cord injuries and serious brain injuries.

The action of causing something; often used to determine who is at fault/blame for the collision, and which injuries were caused by the collision.

The right to be compensated for an incident.

Being partly at-fault for the incident that starts the claim.

The financial recovery for damages suffered.

A method of paying lawyers whereby the lawyer is entitled to a portion of the damages recovered.

The process whereby a witness, under oath, answers the questions of the opposition’s lawyer at trial.

The amount of money paid for the losses suffered by the victim

The entities which/whom the plaintiff is suing.

The process where a witness, under oath, answers the questions of the lawyer who asked them to testify

physical or mental impairment that significantly limits regular activity

The money used in order to prove the claim (excluding legal fees)

Information provided to the opposition

Tangible financial loss

The information used to prove a fact

The process whereby the parties answer the opposition’s questions, under oath, prior to trial

A witness with specialized knowledge hired to provide evidence

Who is to blame for an incident

Losses that have not yet been realized, but will be in the future

The amount of money determined to justly compensate for pain and suffering caused by the incident

An insurance coverage which compensates a subset of people for long-term inability to work

Any individual providing medical services under the Health Care Professions Act

A monetary entitlement payable to the household member responsible for homemaking and maintenance, who has suffered an inability to perform regular duties

The entity providing insurance

The reasons and damages as set out by a judge

The judge’s instructions to a jury on what and how they must decide and action

See Action

A party (named person) in the Notice of Civil Claim

The process whereby the litigant asks the court to settle a dispute

The change, caused by the incident, between what you were expected to have and what you actually have

Inappropriate professional practices

An alternative dispute resolution measure whereby the parties negotiate with the help of a neutral third party

A communication that is misleading or false

The duty of a victim to attempt to overcome losses suffered

The owner of an insurance policy

An act whereby one entity is at fault for injuring another

Communications relating to resolution of the claim

See General Damages

The length of time whereby the injured party must inform the alleged wrongdoer of the wrongdoing

The legal document filed with the court that sets out the claim for a plaintiff and names the defendant(s)

The costs that were necessarily incurred in order to recover (i.e. physiotherapy, massage therapy, medications, etc.)

The losses which are not easily quantifiable or monetarized

A designation for individuals with specific legal training

The entities named in the Notice of Civil Claim

The losses which are easily quantifiable (i.e. income loss, special damages, future cost of care, etc.)

The area of law whereby injured parties seek recovery from wrongdoers

The person named and claiming damages in the Notice of Civil Claim

The legal documents which give rise to the action

Past decision made by the courts being used as a standard that should be followed

A document allowing information to be shared with a third party on another’s behalf

The contract governing the relationship between lawyer and client

An agreement that resolves the claim between the parties

The degree of care one person owes to another in a given circumstance

A document requiring an entity to attend court

A claim made by a third party to be repaid money

A wrongful act or an infringement of a right leading to a claim

The entity who/which commits the wrongful act

The lack of capacity to do any financially productive work

The process whereby the parties provide evidence to a judge who will make a ruling on the dispute

The entity hearing a dispute (i.e. judge, master, registrar, etc.)

The final decision as determined by the Trier of Facts

A person who is, or may be, called to provide evidence at trial

A provincial insurance system that provides compensation to injured workers

Personal injury law can be complex and overwhelming.
The team at Recovery Law will walk you through the process and answer any questions you may have.

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