Personal Injury Glossary of Terms | Poynter & Bucheri
A
- Accident Report: A formal document detailing the facts and circumstances of an accident, often used in legal and insurance proceedings.
- Actual Damages: Compensation for actual losses suffered by the plaintiff, including medical expenses, lost wages, and property damage.
- Assumption of Risk: A legal doctrine under which an individual is not entitled to recover for injuries sustained from risks they have knowingly and voluntarily assumed.
- ATV Accident: An incident involving an all-terrain vehicle, often resulting in injuries due to the vehicle’s instability and off-road use.
- Arbitration: A method of dispute resolution where an impartial third party makes a binding decision.
- Appeal: An appeal is a legal process in which a party requests a higher court to review and change the decision of a lower court.
B
- Bodily Injury: Physical harm to a person’s body, including cuts, bruises, broken bones, and internal injuries.
- Boating Accident: An incident involving watercraft that results in injury, death, or property damage.
- Burden of Proof: The obligation to present evidence to support one’s claim, typically resting on the plaintiff in personal injury cases.
C
- Car Accident: A collision involving one or more vehicles, potentially causing injury, death, or property damage.
- Comparative Negligence: A legal principle that reduces the plaintiff’s damages award by the percentage of fault attributed to them.
- Compensatory Damages: Financial compensation awarded to a plaintiff to cover actual losses and suffering.
- Catastrophic Injury: Severe injuries that have long-term or permanent effects, such as traumatic brain injuries or spinal cord injuries.
- Contingency Fee: A contingency fee is a payment arrangement where a lawyer only receives a fee if the case is won or settled favorably, typically taking a percentage of the awarded amount.
D
- Defendant: The party being sued in a legal proceeding.
- Dram Shop Liability: Legal responsibility of establishments serving alcohol for harm that intoxicated patrons cause to others.
- Duty of Care: A legal obligation to act in a reasonable manner to avoid causing harm to others.
- Defamation: A false statement presented as a fact that causes injury to a person’s reputation.
- Distracted Driving: Distracted driving is the act of operating a vehicle while engaging in activities that divert attention away from driving, such as texting, eating, or using a navigation system.
E
- Economic Damages: Monetary losses that can be calculated, such as medical bills, lost wages, and repair costs.
- Emotional Distress: Psychological suffering caused by an incident, which may be compensable in personal injury claims.
- Exemplary Damages: Another term for punitive damages, intended to punish the defendant and deter future misconduct.
- Expert Witness: An expert witness is a specialist with expertise in a particular field who provides testimony in a court case to help the judge or jury understand complex issues related to their expertise.
F
- Fault: Legal responsibility for an accident or injury.
- Full Tort: Legal option that allows the injured party to seek compensation for all damages, including pain and suffering, without restrictions.
G
- Gross Negligence: Severe lack of care that shows a reckless disregard for the safety or lives of others.
H
- Hazardous Conditions: Dangerous situations that can cause accidents, often relevant in slip and fall or premises liability cases.
I
- Insurance Adjuster: A professional who evaluates insurance claims to determine the extent of the insuring company’s liability.
- Intentional Tort: A wrongful act done on purpose that causes harm to another person.
- Independent Medical Examination (IME): An evaluation performed by a doctor not previously involved in the treatment to assess injury claims.
J
- Joint and Several Liability: A legal doctrine that allows a plaintiff to recover full damages from any of the defendants, regardless of their individual share of liability.
L
- Liability: Legal responsibility for one’s actions or inactions.
- Loss of Consortium: Compensation awarded for the loss of companionship and support of a spouse due to injury.
- Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy day-to-day activities due to injuries.
- Litigation: Litigation is the process of taking legal action through the courts to resolve a dispute between parties.
M
- Medical Malpractice: Professional negligence by a healthcare provider that leads to substandard treatment, resulting in harm to a patient.
- Motorcycle Accident: A collision involving a motorcycle that can result in severe injuries due to the lack of protection for riders.
- Mediation: A voluntary process where a neutral third party helps disputing parties reach a mutually agreeable solution.
N
- Negligence: Failure to take reasonable care to avoid causing injury or loss to another person.
- Negligence Per Se: An act considered negligent because it violates a law or statute.
- Negotiation: Negotiation is the process by which two or more parties communicate and compromise to reach a mutually acceptable agreement or resolve a dispute.
O
- Occupational Injury: Injuries that occur in the workplace or during work-related activities.
- Out-of-Pocket Expenses: Out-of-pocket expenses are costs that individuals pay directly from their own funds, typically for medical treatment or other services, which are not reimbursed by insurance or other sources.
P
- Pain and Suffering: Compensation for physical and emotional distress resulting from an injury.
- Pedestrian Accident: An incident where a pedestrian is injured by a vehicle or other force.
- Punitive Damages: Financial compensation awarded to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
- Permanent Disability: Long-term or lifelong impairment resulting from an injury.
- Plaintiff: A plaintiff is the person or party who initiates a lawsuit by filing a complaint against another party, known as the defendant, alleging wrongdoing or seeking legal remedy.
- Post-traumatic Stress Disorder (PTSD): A mental health condition triggered by experiencing or witnessing a traumatic event, characterized by symptoms such as flashbacks, severe anxiety, and uncontrollable thoughts about the event.
- Premises Liability: Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions or negligence.
- Product Liability: Product liability is the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or unsafe products they place on the market.
Q
- Quid Pro Quo: A Latin term meaning “something for something,” often used in legal contexts to describe an exchange of goods or services.
- Quantum: The amount of compensation awarded in a personal injury claim.
R
- Rehabilitation: Medical and therapeutic care aimed at restoring an injured person’s health and functionality.
- Retail Negligence: Legal claims arising from unsafe conditions or practices in retail establishments that result in injury to customers.
- Retainer Agreement: A contract between a lawyer and client outlining the scope of services and payment details.
- Reasonable Care: A legal standard used to determine whether an individual’s actions were appropriate under the circumstances.
S
- Settlement: An agreement between parties to resolve a legal dispute without going to trial.
- Slip and Fall: A type of accident where a person slips, trips, or falls due to unsafe conditions on someone else’s property.
- Soft Tissue Injury: Injuries to muscles, ligaments, and tendons, often resulting from accidents and causing pain and mobility issues.
- Statute of Limitations: The time limit within which a legal claim must be filed.
- Standard of Care: The “standard of care” is a legal concept used in personal injury and medical malpractice cases to determine whether a defendant acted negligently.
- Strict Liability: A legal doctrine that holds a party responsible for their actions or products without the need for proving negligence or fault.
T
- Truck Accident: A collision involving large commercial vehicles, often leading to significant injuries and damages due to the size and weight of the trucks.
- Traumatic Brain Injury (TBI): A type of brain injury caused by a blow or jolt to the head, potentially leading to significant and lasting effects.
U
- Underinsured Motorist Coverage: Insurance that covers costs exceeding the at-fault driver’s policy limits.
- Uninsured Motorist Coverage: Insurance that covers costs if the at-fault driver has no insurance.
V
- Vicarious Liability: Legal responsibility assigned to one party for the actions of another, such as an employer being liable for the actions of an employee.
- Verdict: The final decision made by a jury or judge in a court case.
W
- Wrongful Death: A legal claim arising from a death caused by someone else’s negligence or intentional act.
- Workers’ Compensation: Insurance providing medical benefits and wage replacement to employees injured in the course of employment.
Y
- Yielding: The legal duty to allow another vehicle or pedestrian to proceed first to avoid an accident.