An automobile collision can be a traumatic experience in and of itself, but dealing with the aftermath is also stressful. When you need help and reach out to a car accident injury lawyer in San Antonio, it's important that you understand certain legal terms your attorney may use when discussing your case. While many terms in this list seem self-explanatory, there could be a technical point or two of which you weren't aware. It never hurts to review.

Ask a Car Accident Injury Lawyer in San Antonio: 8 Must-Know Terms

1. Negligence

Negligence is broadly defined in the context of automobile collisions as failing to drive with reasonable care. Every driver must meet the standard of reasonable care when operating a vehicle. If they fail to do so, intentionally or otherwise, they are considered liable in full or in part (more than one driver can be negligent in the same accident) for any subsequent injuries or damages sustained by the parties involved.

Legally, there are multiple forms of negligence. Violating a traffic law (eg, failure to stop or yield) makes a driver "negligent per se," with the actions of others having no effect on that determination. However, if the driver struck happens to be speeding when the first fails to stop or yield, and is thus unable to avoid the collision, then "contributory" or "comparative negligence" exists, with both drivers bearing some responsibility for injuries and damages sustained.

2. Plaintiff, Defendant, and Burden of Proof

These three terms are bundled together because it's important to understand their relationship. Simply put, the plaintiff is the accuser in any litigation, with the defendant (as you would expect) defending themself from that accusation. The critical point is that the burden of proof is on the plaintiff. When accusing another driver of being at fault in an accident, they must present compelling evidence to back their claim. Without proof of the defendant's liability, no plaintiff can win a settlement.

3. Liability

Liability is defined as legal responsibility for any personal injury or property damage resulting from a collision. When a driver is found to have been negligent in an accident, they are considered liable, either wholly or partially, for injuries and damages. As noted above, it's possible for more than one party to be negligent and thus found liable in an accident.

4. Tort

Tort is definitely not the pastry treat it sounds like. Rather, it's the legal term for a specific negligent action that brings personal injury or property damage to a plaintiff. That driver who failed to stop earlier was negligent and therefore committed a tort against the victim in their accident. Yet, the victim was also speeding, which, in turn, was a negligent action. Thus each driver might file a tort claim against the other.

5. Facts of Loss

Like tort, facts of loss are not what they initially seem. The operative word is 'facts," not "loss." Rather than the physical and monetary cost of the accident, the term refers to case evidence that points to negligence and liability. Facts of loss are typically found in the accident report filed by police, although other evidence can be presented, as a top San Antonio car accident lawyer would, to dispute that report and prove another party was liable.

6. Uninsured/Underinsured Motorist Coverage

In Texas, drivers must insure their vehicles. However, the law only sets minimal standards. Consequently, a driver might not be sufficiently insured to cover all damages if they are found liable for an accident. In other words, they are underinsured. In addition, other drivers might be illegally operating uninsured vehicles. Uninsured/Underinsured Motorist Coverage is a form of insurance that protects you from such drivers, ensuring you can recover in full all damages deserved in your case.

7. Damages

Unlike tort and facts of loss, damages are exactly what they sound like. Encompassing the various costs incurred by a plaintiff in an accident, damages can include medical treatment, the repair or replacement of their vehicle or personal property (inside the vehicle or out), lost wages, travel expenses, and pain and suffering. The latter is the term for the monetary value a court or insurance company might place on the emotional and psychological trauma experienced by the plaintiff.

8. Settlement

Often used casually as the amount of monetary damages awarded in any case, settlement actually refers to an agreement reached without waiting for a judge or jury to decide the matter. Legal fees can be a sizable expense and parties who are clearly liable often seek to settle out of court to avoid them. They can do so before a case goes to trial or at any time during proceedings until a verdict is announced.

These eight terms are likely to come up frequently in consultation with a car accident injury lawyer in San Antonio. Understanding them is critical to determining how your attorney can help you. Clarity with terms such as facts of loss, tort, or settlement could be the key to making a decision in your best interest and recovering (or paying out) an acceptable amount of damages, either via litigation or through an amicable settlement with all parties