When you have been in an auto accident legal terms are thrown about by insurance folks and lawyers. Terms such as “duty” and “negligence.” Legal definitions abound. For example, the definition of duty of care in legalese is: “The obligation to conform to a certain standard of conduct for the protection of others against unreasonable risk of harm.” Sure, clear as mud. Simplified (I hope), it means: Don’t inflict damage or harm carelessly on another. Negligence, on the other hand, is something an injured person or their lawyer must be able to prove in court. Three things are needed: 1) a duty of care must exist; 2) the duty has been breached (broken); 3) damage resulted from the breach. Use an auto accident for example. We all have a duty not to run into another car, especially one stopped at a stoplight. Breach that duty, run into the back of another car and cause damage and/or an injury and you are negligent.
Now all of the above is overly simplified to make a point: Lawyers often speak in legal language that is often not fully explained. Make sure your lawyer takes the time to explain the legal terms used in your case.