Whether you are filing a claim with insurance or filing a lawsuit, the forms at which you are looking are probably stuffed with specialized terms. Though a car accident lawyer will be invaluable in helping you understand these documents and your rights in throughout this legal process, it always pays to be as educated about the process as possible. So here is a quick glossary of terms you may be faced with in the aftermath of a car accident.

First, before compensation can be awarded, fault has to be established. The "Burden of Proof" lies with whomever is the one who has to prove their version of events. This would mean anyone who is filing a claim or lawsuit has to prove that the other person is at fault for the accident; the plaintiff has the burden of proof.

"Liability" is simply a term for fault, that is, who is to blame for the crash? Who acted negligently? Whoever is liable could be required to provide compensation. Liability can be determined through police reports, witness accounts, the amount of damage to each car, the breaking of a traffic law, etc.

There are car accidents where more than one person is liable. In this case, there would be "Comparative or Contributory Negligence"; you might also hear this referred to as "joint fault". While one driver may have been speeding through an intersection, perhaps the other car was jutting out too far into the intersection while waiting to turn. In such an instance, insurance adjusters, or perhaps a court, would sort through the accident and assign part of the blame to both drivers involved. Compensation would be owed according to someone's comparative negligence.

"Negligence" refers to someone inadvertently failing in a duty of care; acting negligently could lead to someone being liable for any damage that ensues. A driver has the duty of care to drive safely and reasonably. (If someone purposefully fails to uphold a duty of care, this makes them liable too, but it is called an "intentional tort".)

"Negligence per se" means an action that is intrinsically reckless. Proving this is all it takes to prove liability. For example, a driver who committed this type of negligence would be someone who violated a law of the road, such as driving 100 miles per hour, going down a one-way street in the opposite direction, etc. Proving this does not guarantee that you would win your case, but the defendant would have a severely uphill battle to fight against liability in such an instance.

Further matters have to be established in order to receive compensation, such as what an insurance policy covers, and the amount of damages sustained. The phrase "Actual Cash Value" may come up when your car has been damaged in an accident, and all this really refers to is the market value of your car. This value is calculated by evaluating what you could have sold your car for before it sustained damage or was totaled. If you get the actual cash value of a vehicle, however, it will probably not be as much as the actual cost of replacing your car.

"Uninsured or Underinsured Motorist Insurance" is mandatory in most states. This is something that comes in your own insurance coverage, and it would cover you when another driver has crashed into you and either does not have insurance, or their insurance is inadequate to fully compensate you. You can then be covered by your own insurance policy, if you have uninsured or underinsured coverage. A lawsuit probably would not do anything in the situation anyway, since it is likely that the other driver is underinsured because they could not afford full coverage.

If you have any further questions about the accident claim process, do not hesitate to contact an excellent car accident lawyer. You can find the expertise and sterling representation that you deserve.