Legal Glossary: The Ultimate Personal Injury Law Glossary (2018 Edition)

A B C D E F G H I J K L M N O P Q R S T U V W

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A

• Accident

  • A sudden event taking place without expectation, rather than something that continues or progresses.

• Ad Litem

  • A Latin term meaning “for the purposes of the lawsuit”, meaning a person appointed by the court is acting on the behalf of the child or incapacitated person.

• Adjudicate

  • To make a formal judgment or decision about a disputed matter, more specifically to resolve a legal matter.

• Appeal

  • A legal proceeding in which a case is requested to be brought before a higher court for review and to make the official legal decision.

• Answer

  • A formal written response to a legal document or complaint filed by a defendant.

• Arbitration

  • The use of an arbitrator to settle a dispute. An arbitration hearing is a legal hearing, although less formal than a trial, which the plaintiff and defendant of a lawsuit/dispute provide evidence and testimony to a neutral third-party, called the arbitrator (usually an off-duty judge or qualified attorney).

• Assumption of Risk

  • A doctrine under which a person may not financially recover for an injury when he/she knowingly and voluntarily exposed himself/herself to a known danger. When proceeding with the action, he/she assumed the risk.

B

• Bad Faith (Bad Faith Claim)

  • A claim filed by an insured person or party against his/her/their insurance provider for unreasonably denying, delaying, or failing to pay out the full insurance claim without cause.

• Barrister

  • A lawyer permitted to practice as an advocate, usually in higher courts, commonly with litigation.

• Benefit

  • Financial assistance that a party may receive from an employer, insurance company, or social program, usually distributed during a time of sickness, disability, or unemployment.

• Bodily Injury

  • Any damage to a person’s body, which can be classified into intentional bodily harm (criminal law) or accidental/negligent harm (civil law).

• Burden of Proof

  • The duty of the prosecuting party to prove his/her claim is accurate and true through facts, or prove his/her claim is more likely true than not.

C

• Causation

  • The act or process of causing something to happen.

• Claim (and Claimant)

  • A civil action related to the physical and/or mental harm suffered by the plaintiff due to negligence on the defendant’s part.

• Claim Adjuster (Claim Handler)

  • A person who acts between the insured and the insurance company, and is responsible for investigating and overseeing the claim.

• Claim Evaluation

  • An evaluation of a claim, examining how particular factors will influence the claim’s value and merit.

• Class-Action Lawsuit

  • A type of lawsuit filed by a singular plaintiff or multiple plaintiffs on behalf of themselves and acting as representatives of others.

• Comparative Negligence

  • A state-specific doctrine which compares the percentage of negligence between the defendant and claimant. If a defendant is found 70% liable, and the claimant 30%, the damages awarded to the claimant are diminished by 30%.

• Contributory Negligence

  • A doctrine applicable when a claimant may have contributed to his/her/their injuries by being negligent. In some states, this doctrine can prevent or limit a claimant from being awarded damages if he/she/they contributed to the injury suffered.

• Compensation

  • The financial payment awarded to a plaintiff in a civil court case. Depending on the state, compensation awarded is applicable only to economic losses, but others will allow compensation to be awarded for non-economic losses, such as pain and suffering.

• Contingency Fee

  • A type of fee that is dependent on an attorney winning a settlement (also known as a Conditional Fee Agreement).

D

• Damages

  • In a personal injury lawsuit, damages are money, and are the plaintiff’s goal to recover. These are mainly broken out between economic damages (quantifiable like a new car) and non-economic damages (non-quantifiable like anxiety, pain and suffering).
    • Compensatory Damages: for loss or injury, the amount that will cover actual losses
      • Special Damages: for damages caused by the injury, such as medical and hospital bills.
    • Punitive Damages: for punishment and to prevent further misconduct

• Defamation

  • The act of making an untrue statement about a person which tends to injure his/her reputation.

• Defects

  • An error or flaw in a process or product that affects its performance and creates a possibility to create harm.

• Defendant

  • The person being sued, usually the person who caused the injury or his/her insurance company.

• Defense of Property

  • A justification of defense by a defendant that he/she should not be held liable as he/she was acting in a manner to defend his/her premises or personal property.

• Deposition

  • A form of discovery in which a plaintiff, defendant, witness, or expert witness with information about a lawsuit is questioned under oath. Depositions are conducted outside of the courtroom, often in an attorney’s office, and are transcribed and used in court.

• Disability

  • A physical or mental condition that limits a person’s life (activities or senses).

• Disclosure

  • The release of information requested or sought out by the opposing party.

• Discovery (Discovery Process)

  • A process all parties in a case are able to conduct, which enables them to discover relevant evidence possessed by the other parties or independent witnesses. Depositions, interrogatories, requests for documents, and independent medical examinations are procedures included in the discovery process.

• Distracted Driving

  • The act of driving a motor vehicle while engaged in another activity, causing focus to be diverted from the road and tasks of driving.

• Driving Under the Influence (DUI)

  • In California, this is defined as the act of operating a vehicle under the influence of alcohol, drugs, or other controlled substances.
    • Some states differ in their definition of DUI, some using the term interchangeably with DWI, and others consider one more serious than the other.

• Due Diligence

  • The effort made by a prudent or reasonable party to avoid or prevent harm to another. Not acting with due diligence is considered to be acting negligent.

• Duty (Duty of Care)

  • The obligation of a person to provide a certain standard or level of care.

E

• Endangerment

  • The act of putting someone or something at risk or in possible danger.

• Emergency Medical Condition (EMC)

  • A medical condition with severe symptoms that a lack of immediate medical attention would result in serious or deadly injuries to a patient.

• Excess Judgement

  • The amount of additional damages an insurer is required to pay above the policy limit.

• Exhaustion of Benefits

  • The status when assistance payable to a party has been depleted.

• Expert Witness

  • The testimony given by someone who is qualified to speak with authority about a particular subject.

F

• Fault

  • An intentional or negligent failure to act reasonable or according to duty, which can result in injury to another.

• Field Adjuster

  • A person who conducts majority of the work involved in an accident claim outside the office or “in the field” on behalf of the insurance company.

• First-Party Claim

  • A claim made towards one’s own insurance company.

• Fraud

  • A false or deceptive statement of fact meant to influence another person to give up something he/she is legally entitled to.

G

• Gross Negligence (Willful Negligence)

  • The intentional failure to perform a standard of duty by disregarding another person’s health, whether mental or physical, and/or property.

• Good Faith

  • Acting in a manner without intent to defraud someone, often in reference to insurance companies.

H

• Hazard

  • A condition that increases the probability of damage or injury.

• Health Care Expenses

  • Financial costs incurred by seeing healthcare providers/professionals.

• Health Insurance Portability and Accountability Act (HIPPA Act)

  • A law designated to provide privacy standard to protect patients’ medical records by requiring a patient’s or authorized person’s approval to disclose documents.

• Hit and Run

  • A type of motor vehicle accident which the operator collides with a person, piece of property, or another vehicle and leaves the scene without declaration.

I

• Income Replacement Benefits (IRBs)

  • The amount of money given to an injured person in place of what he/she would typically make working.

• Indemnity

  • An obligation to provide compensation for a loss, injury, or damage of any kind.

• Intentional Tort

  • A type of tort that encapsulates the wrong perpetrated by one who intends to break the law.

• Interim Payments

  • The payments made prior to the final award of damages, which are usually deducted from the final award in the settlement.

• Independent Medical Examinations (IME)

  • A form of discovery that provides the defendants have the right to have the injured plaintiff examined once by a doctor of the defendant’s choosing.

• Insurance

  • A practice or agreement in which a party guarantees compensation for specific losses, illnesses, injuries in return of a premium payment.

• Interrogatories (form of discovery)

  • The questions created by one’s attorney for the opposing party to answer under oath. Once completed, the plaintiff’s attorney reviews it and it is then signed and answered in front of a notary.

J

• Joint and Several Liability

  • A doctrine that makes all parties responsible for an injury liable for all the damages awarded in a lawsuit if the other parties responsible are unable to pay.

• Judgement

  • The concluding part of a court case where a final decision is made about the rights and claims of each side in a lawsuit.

K

• Known Loss Doctrine

  • A doctrine stating an insured person may not obtain insurance coverage for a loss that previously occurred and was known.

L

• Lawsuit

  • A court action, often a claim or dispute, brought on by a person or party looking to receive financial compensation or punitive measures against another person or party.

• Letter of Claim (Claim Letter)

  • The initial letter that is sent to a negligent party that sets out the basis of the claim.

• Letter of Protection

  • A letter sent from a personal injury lawyer to a medical professional which allows an injured person to obtain medical care (which they normally could not afford) in exchange for a promise to pay for the services using settlement money.

• Liability

  • The legal responsibility for one’s actions or omissions.

• Libel

  • A published defamation or false statement which has injured a person’s reputation.

• Limitation of Risk

  • The maximum financial amount an insurance provider can be obligated to pay in one loss event.

• Litigant

  • A person engaged in a lawsuit.

• Litigation

  • The process of filing a lawsuit or taking legal action in court.

• Litigation Risk

  • The possibility of a pursuit of legal action due to a person or party’s actions, lack of action, services, or product.

• Loss

  • The value assigned to an injury or damage, such as pain and suffering, past/future income, and future medical care, caused by someone’s negligence or other wrongdoing.

• Loss of Consortium

  • A cause of action which aims to award damages to a family member of a deceased person for the loss of companionship.

• Loss of Earnings

  • A cause of action which aims to award damages to an injured person due to a decrease or lack of income due to time taken off work, a change in jobs, or giving up work directly contributed to the injury sustained.

M

• Malfeasance

  • The commission of an unlawful act, usually by a public official.

• Malpractice

  • Professional misconduct of any kind.

• Mandate

  • An official command or commission to do something or to act in a certain way.

• Mass Tort

  • A civil action involving multiple plaintiffs against one or multiple defendants, and can occur in both state and federal courts.

• Maximum Medical Improvement (MMI)

  • The static point at which an injured person’s condition or injury cannot improve nor is expected to improve regardless of additional care.

• Mediation

  • A form of alternative dispute resolution, the use of a neutral third-party help to settle a legal dispute.

• Medical Malpractice Caps

  • The laws that limit the amount of money a plaintiff can be awarded after a successful lawsuit.

• Minor

  • Any person under the legal age, generally 18 in the United States.

• Misfeasance

  • An improper performance or exercise of an act which a person may lawfully do.

• Mitigating Circumstances

  • The conditions that may be used as reasoning to reduce the degree of fault for the liable party.

• Money Judgment

  • A specific amount of money awarded by the court to a claimant as payment for any damages.

• Motion

  • A formal request made to the court or judge, often bringing a contested issue.

N

• Negligence

  • The failure to use a reasonable amount of care or breach of an assumed duty of care.

• Negotiation

  • A give-and-take communication process between parties that aims to settle disputed topics or reach an agreement.

• No-Duty Doctrine

  • A tort doctrine which states a defendant cannot be held liable for a loss, injury, or death if no duty was owed to the claimant.

• Nonfeasance

  • The omission to perform a required duty.

• Notary

  • A person licensed by the state to perform particular legal formalities.

• Notice to Insurer (also called Notice to Company)

  • Written notice given to the insurance company about an incident from which a claim is created.

O

• Occupational Disease

  • An illness or chronic ailment caused by long-term employment in a particular line of work.

• Out-of-Court Settlement

  • An agreement between the plaintiff and defendant which does not require approval or interjection by the court system.

• Out-of-Pocket Costs

  • The expenses for medical care that are not covered or reimbursed by the insurance company.

P

• Pain and Suffering

  • See Damages

• Partial Disability

  • A type of disability that prevents the worker from being fully capable to perform their duty.

• Parties

  • People, businesses, corporations, or associations who are claimants or defendants in a lawsuit.

• Patient’s Right

  • The code of conduct between a patient and a healthcare professional.

• Personal Injury

  • An area of law that covers all injuries, such as physical, emotional, and financial, or damage to property, caused by a party’s negligence.

• Plaintiff

  • The person or party who filed the claim or brings legal action to attempt to hold another party liable.

• Pleading

  • Any formal document or statement filed with the court system.

• Police Brutality

  • The use of excessive force used by members of the police force, which includes verbal and physical, thus violating civil rights.

• Post-Concussion Syndrome (PCS)

  • A form of traumatic brain injury (TBI), where various symptoms persist after a concussion sustained from an injury.

• Post-Traumatic Stress Disorder (PTSD)

  • A condition of persistent stress occurring as a result of an injury or severe psychological shock.

• Prayer (for Relief)

  • The portion of a claim or complaint in which the plaintiff requests specific damages to be awarded.

• Precedent

  • The use of previous court decisions to determine how the law should be applied in a particular situation.

• Premises Liability

  • The laws that hold landowners and tenants responsible for certain torts that occur on their property.

• Preponderance of Evidence

  • The greater weight of evidence required to prove to the jury and/or judge to decide in favor of a particular side. The quality of the evidence is paramount to the amount of evidence.

• Proceeding

  • Any hearing, filing, court appearance, or trial related to a legal case.

• Product Liability

  • The legal responsibility of a manufacturer, business, marketer, or merchant for bodily injury or property damage because of a defect in their product or faulty product.

• Prognosis

  • The forecast of recovery from an injury, determined by a medical professional.

• Proximate Cause

  • The last negligent action or event which causes or contributes to an injury.

• Public Duty Doctrine

  • A tort doctrine which states a government entity cannot be held liable for an individual’s injuries resulting from a public officer or employee’s breach of duty owed to the public.

Q

• Quality of Life

  • The standard a person was living in prior to the accident/injury or after the accident/injury. An assessment of one’s quality of life could include activities of daily living, fitness, mobility and organization, social relationships, and general life satisfaction.

• Quantum Meruit

  • A  Latin term meaning “as much as he deserved”. A claim grounded on an implied contract that the defendant would pay the plaintiff for materials and/or services rendered.

• Qui Tam Action

  • A Latin term meaning “who as well”. A lawsuit brought by a private citizen, often called a “whistleblower”, against a person/company who is believed to have violated the law in the performance of a contraction with the government or in violation of government regulation.

• Quid Pro Quo

  • A Latin phrase meaning “something for something”. To understand what each party expects from the other when entering into a mutual agreement, such as a doing a favor with the expectation the other person will do something in return.

R

• Reasonable Care

  • The degree of caution and concern a reasonable person would have for the safety of oneself and others.

• Reasonable Person

  • A phrase used to describe a hypothetical person who has and utilizes qualities of attention, intelligence, and judgement that society requires of its members for the protection of their own interest and the interests of others.

• Request

  • A petition to the judge for something or for something to be done.

• Replevin

  • An action for the recovery of a possession that has been wrongfully taken.

• Res Ipsa Loquitur

  • A Latin phrase meaning “the thing speaks for itself”. A doctrine that one is perceived to be negligent if the he/she/they had sole control of whatever caused the injury, even though there was no specific act of negligence.

S

• Settlement

  • The conclusion and agreement of legal matter without going forward to a final court judgement, usually negotiated by the parties’ attorneys.

• Sexual Assault

  • Any type of unwanted sexual contact or sexual contact made without the recipient’s clear consent. Sexual assault cases can be pursued under civil and criminal courts.

• Slander

  • Oral defamation where lies or false statements are spoken and those lies will harm the reputation of the person defamed.

• Strict Liability

  • An expected responsibility for damages due to possession or use of materials that are inherently dangerous/hazardous.

• Slip and Fall

  • A personal injury caused by one slipping, tripping, or falling; slip and fall injuries can be pursued under premises liability, claiming the landowner was negligent in permitting and/or treating the conditions.

• Specific Loss

  • The compensation for permanent paralysis or amputation of a worker’s body, used in Workers’ Compensation claims.

• Social Security Disability Benefits (SSDI)

  • A government program that sends monthly benefits to a citizen unable to work due to a long-term medical condition or disability acquired prior to retirement age.

• Statewide Average Weekly Wage (SAWW)

  • A computation of average wages paid to workers in a jurisdiction for a set period of time used to calculate workers’ compensation benefits.

• Stacking of Coverages

  • The application of two or more insurance policies’ limits to a single claim, allowed in certain states.

• Standard of Care

  • The caution and attention a reasonable person would exercise under a particular circumstance.

• Statute of Limitations

  • A law which states the length of time a person has to file legal action.

• Subpoena

  • A court-issued command for someone to appear at a certain time and place to give testimony.

• Subrogation

  • To assume the legal rights of a person for whom expenses and/or debt has been fulfilled.

T

• Third-Party Claims

  • A claim made by the person or party injured (third-party), thus meaning the insured person is the first party and the insurer or insurance company is the second party.

• Tort

  • A civil wrong which leads to legal liability.

• Tortfeasor

  • A person who commits or is found guilty of a tort.

• Total Permanent Disability (TPD)

  • The damages awarded to an employee who is completely impaired due to a work-related injury and cannot work in any occupation for which they have trained in and/or qualified for.

• Traumatic Brain Injury (TBI)

  • Any kind of impact to the head that results in an altered state of consciousness, impaired cognitive abilities, physical abilities, and/or altered emotional or behavioral functioning.

• Trier of Fact (Finder of Fact)

  • A person or group of people who determine facts in legal proceedings.

U

• Underinsured Motorist Coverage

  • A form of insurance policy that extends coverage to cover property damage and bodily injury caused by a motorist without enough coverage.

• Uninsured Motorist Coverage

  • A form of insurance policy that provides coverage in the event the other driver is at fault and is not insured.

V

• Vicarious Liability (Imputed Liability)

  • A form of secondary liability to which attachment of responsibility to a person for damaged caused by another person.

• Violation

  • A breach of duty, right, or law.

• Verdict

  • A jury’s final decision after trial, which must be approved by the judge.

• Voir Dire

  • A French term meaning “to see to speak”. The examination of prospective jurors by the judge and attorneys to ensure the jury has met particular qualifications.

W

• Workers’ Compensation (Workers’ Comp)

  • A form of insurance required by employers in certain states and/or verticals that handles claims, medical benefits, and wage replacement of injured workers, in exchange for the inability for workers to sue their employer.

• Wrongful Death

  • A claim made by survivors or beneficiaries of a person who died as a result of intentional or negligent conduct.

• Whiplash

  • A neck and/or back injury, often due to the damage of soft tissues and vertebrae, commonly suffered as a result of a car accident.

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Definitions consulted and referenced from the following sources:

All Law, Justia, US Legal, The Claims Connection, The Free Dictionary, Justice.gov, U.S. Courts.gov, and Merriam-Webster