Personal Injury Terms
Abstract of Title
A sequential outline of official records and recorded documents impacting the ownership of a particular piece of real estate.
Accident Report
A detailed, formal account of an incident, typically created at the scene by authorities such as police officers or medical staff.
Ad Litem
A Latin term meaning “for the purpose of the lawsuit.” A court may appoint a guardian ad litem to represent individuals, like children or incapacitated adults, who cannot advocate for themselves.
Adjudicate
The process of resolving a dispute through legal judgment.
Appeal
A request for a higher court to review and possibly overturn the decision made by a lower court, usually when a party disagrees with the original ruling.
Assumption of Risk
When an individual knowingly accepts the potential dangers associated with an action, they may be barred from claiming damages against others for injuries resulting from that risk.
Bodily Injury
Physical harm inflicted on a person’s body, such as fractures, burns, cuts, or nerve damage. It can result from accidents, negligence, or intentional acts.
Burden of Proof
The obligation placed on the plaintiff to establish the truth of their claims to a certain legal standard, depending on the type of case.
Causation
The direct link between one party’s actions (or inactions) and the harm experienced by another, essential to proving negligence.
Civil Rights
Fundamental rights protected by the U.S. Constitution, allowing individuals to pursue legal action against private parties or government entities that violate these rights.
Claim (Personal Injury)
A legal demand for compensation related to physical or mental harm caused by another’s negligence.
Claim Adjuster
An insurance company representative who investigates and manages claims, approving medical treatments and negotiating settlements.
Class-Action Lawsuit
A legal suit initiated by a group of plaintiffs with similar claims against a defendant, often involving defective products or widespread harm.
Comparative Negligence
A legal principle comparing the fault of each party in an accident; the plaintiff’s recovery may be reduced based on their percentage of fault.
Compensation
A financial or other form of redress awarded to offset a loss or injury.
Contingency Fee
An attorney’s fee arrangement where payment depends on the successful recovery of damages, typically a percentage of the settlement or award.
Damages
Monetary compensation awarded for loss or injury due to another party’s negligence. Categories include compensatory and punitive damages.
Defendant
The individual or entity against whom a civil lawsuit is initiated.
Demand Letter
A formal written demand to the opposing party, often proposing a remedy under threat of legal action if the demand is not met.
Deposition
Sworn, out-of-court testimony recorded during pre-trial discovery, involving questioning by opposing counsel with legal counsel present.
Docket
The official schedule of cases to be heard by a court.
Duty
In negligence law, a legal obligation to adhere to a standard of reasonable care to prevent harm to others.
Excess Judgment
Additional damages a court orders an insurer to pay above policy limits when bad faith handling of a claim is proven.
Expert Witness
A specialist qualified to provide opinion testimony during a trial based on expertise relevant to the case.
Fraud
The intentional misrepresentation or concealment of truth to deceive another, often resulting in personal or financial loss.
Gross Negligence
A severe form of negligence marked by a reckless disregard for the safety or property of others.
Hazardous Exposure
Contact with toxic substances or dangerous airborne agents that can harm health, leading to potential liability for manufacturers, employers, or property owners.
Health Care Expenses
All costs related to medical treatment, including doctor visits, therapy, medications, and specialist consultations.
Insured
The individual covered under an insurance policy.
Insurer
The company providing insurance coverage.
Interrogatories
Written questions submitted during litigation that must be answered under oath within a specified timeframe.
Lawsuit (or Suit)
A formal legal complaint filed by a plaintiff against a defendant in a court of law.
Liability
A legal responsibility, often involving the obligation to pay damages for harm caused.
Litigation
The legal process of resolving disputes through the court system.
Loss of Consortium
Compensation awarded to family members, typically spouses, for the loss of companionship due to an injury or death.
Mediation
A non-binding dispute resolution method where a neutral third party helps parties negotiate a settlement.
Medical Malpractice
Negligence by healthcare providers resulting in patient harm, failing to meet established standards of care.
Medical Malpractice Caps
Statutory limits on the amount of damages recoverable in medical malpractice lawsuits.
Mitigating Circumstances
Factors that, while not justifying an offense, may reduce a defendant’s culpability or penalty.
Negligence
A failure to exercise reasonable care, resulting in harm to another party.
Notary
A legally authorized person who verifies the authenticity of signatures on legal documents.
Occupational Disease
An illness resulting from long-term exposure to harmful conditions in the workplace.
Out-of-Court Settlement
A resolution reached between disputing parties without a trial, often facilitated by negotiations or mediation.
Out-of-Pocket Expenses
Direct payments made by an injured party for costs such as travel, medications, and medical devices prior to receiving compensation.
Paralegal
A trained legal professional who assists attorneys by performing research, drafting documents, and preparing cases.
Parties
Individuals, companies, or organizations involved in a lawsuit.
Personal Injury
An area of law covering physical, emotional, and financial harm caused by another’s negligent actions.
Plaintiff
The party who initiates a lawsuit by filing a complaint against the defendant.
Pleading
Any formal written statement filed with the court detailing claims, defenses, or counterclaims in a lawsuit.
Premises Liability
The legal obligation of property owners to ensure a safe environment, making them liable for injuries occurring on their premises.
Preponderance of Evidence
The standard of proof in civil cases, requiring that a claim is more likely true than not.
Product Liability
The legal responsibility of manufacturers or sellers for injuries caused by defective products.
Products Liability
The broader area of law addressing claims against all entities involved in distributing defective products.
Proximate Cause
The primary cause of an injury, without which the harm would not have occurred, and that could have been reasonably anticipated.
Settlement
A mutually agreed-upon resolution between disputing parties, typically involving payment to resolve a legal claim.
Sexual Assault
Any non-consensual sexual contact or behavior, ranging from unwanted touching to rape.
Slip-and-Fall
An injury case arising when someone slips or trips on another’s property, often under the category of premises liability.
Standard of Care
The level of care a reasonable person would exercise in a given situation, central to negligence and malpractice cases.
Statute of Limitations
The legally prescribed time limit within which a lawsuit must be filed.
Strict Liability
Liability without a finding of fault, often applied in cases involving defective products.
Subpoenas
Court-issued orders requiring individuals to appear and testify or produce documents.
Subrogation
The legal right for one party (usually an insurer) to seek reimbursement from the party ultimately responsible for a debt or loss.
Testimony
Statements made under oath, either in court or during depositions, as part of the evidence presented in a case.
Third-Party Litigation
A legal action where a defendant brings another party into the lawsuit, claiming they are liable.
Tort
A civil wrong that causes harm or loss, leading to legal liability.
Traumatic Brain Injury (TBI)
Brain injuries caused by external force, often resulting in cognitive, emotional, or physical impairments.
Trier of Facts
The judge or jury responsible for evaluating evidence and reaching a verdict in a trial.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Insurance providing protection when the at-fault driver has no insurance or insufficient coverage to fully compensate the injured party.
Verdict
The formal decision reached by a judge or jury after deliberation in a trial.
Vicarious Liability
Legal responsibility assigned to one party for the actions of another, often seen in employer-employee relationships.
Workers’ Compensation (Workers’ Comp)
Insurance coverage required for employers to compensate employees for work-related injuries or illnesses.
Wrongful Death Action
A legal claim brought by survivors against parties responsible for causing the death of a loved one through negligence or wrongdoing.